20030331 TZHC Bukoba1

20030331 TZHC Bukoba1

The appellant, as the senior wife who cohabited with the deceased and contributed to the acquisition of the estate, is entitled to be appointed administrator. The District Court erred in applying Rule 5 of GN. 436 of 1963 as the respondent was not the elder brother or otherwise qualified under the rule.

Citation
20030331 TZHC Bukoba1
Parties
Appellant: Mektrida Aristides; Respondent: Denice Mageli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2003
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Letters of Administration, Appointment of Administrator, Distribution of Estate
Source Language
English
Succession Probate Letters of Administration Appointment of Administrator Distribution of Estate

Case Brief

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Parties

Mektrida Aristides

Appellant

Denice Mageli

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Who is entitled to be appointed administrator of the estate of the deceased?
  2. 2 Whether the decision of the District Court reversing the Primary Court was correct in law.

Ratio Decidendi

The appellant, as the senior wife who cohabited with the deceased and contributed to the acquisition of the estate, is entitled to be appointed administrator. The District Court erred in applying Rule 5 of GN. 436 of 1963 as the respondent was not the elder brother or otherwise qualified under the rule.

Court Disposition

appeal allowed

Orders

  • Judgment of the Primary Court restored.
  • Appellant, Mektrida w/o Aristides, appointed administrator of the estate of the late Aristides Tibabonwa.