19961204 TZHC Songea

The law requires that inheritance under customary law be dealt with by the Primary Court; therefore, the appointment by the District Court is quashed and the appointment by the Primary Court is confirmed.

Citation: 19961204 TZHC Songea
Parties: Applicant: Nicclaus Abraham Mmari; Applicant: Yunicee Mhari (Mrs); Respondent: Reuben Abraham Mmari
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 December 1996
Procedural Posture: Civil Revision / Ruling
Outcome: Application by Nicholaus Abraham Mmari quashed; appointment of Reuben Abraham Mmari as administrator confirmed; no order as to costs.
Legal Topics: Letters of Administration, Appointment of Administrator, Jurisdiction of Courts in Probate Matters
Source Language: English

Succession Customary Law Letters of Administration Appointment of Administrator Jurisdiction of Courts in Probate Matters

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Parties

Nicclaus Abraham Mmari

Applicant

Yunicee Mhari (Mrs)

Applicant

Reuben Abraham Mmari

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

1 Who is the rightful administrator of the estate of the late Isack Abraham Mmari?
2 Which court has jurisdiction to appoint an administrator under customary law?

Ratio Decidendi

Court Disposition

Application by Nicholaus Abraham Mmari quashed; appointment of Reuben Abraham Mmari as administrator confirmed; no order as to costs.

Orders

Proceedings and orders of the District Court quashed.
Appointment of Reuben Abraham Mmari as administrator confirmed.