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» IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (MOROGORO SUB REGISTRY) AT MOROGORO PC CIVIL APPEAL NO. 12 OF 2023 (Arising from Civil Appeal No.08 of 2022 of Kilosa District court and originating from Probate Cause No.25 of 2021 of Kiiosa Urban Primary Court) OMARI DAUDI KILUMBI 1®^ APPELLANT HURUKA SHABANI 2"^'^ APPELLANT VESRSU SWALEHE ABDALLAH KILUMBI(administrator of ESTATE OF ABDALLAH HASSAN iOLUMBl) RESPONDENT .'f Date of Last 0rder:09.04.2024 Date of Judgement: 17.05.2024 JUDGEMENT MAGOIGA,J. The appellants, OMARI DAUDI KILUMBI(by special power of attorney granted by DaudI KllumbI) and HURUKA SHABANI In 2021 unsuccessfully objected the appointment of the respondent who had petitioned for grant of letters of administration of the late Abdallah Hassan Kiiumbi who died interstate in Kiiosa Urban Primary Court. Aggrieved by the decision of the Primary Court, the appellants unsuccessfully appealed to the District Court (1®*^ appellate court) vide Appeal No.08 of 2022 which found the appeal unmerited. Stiii daunted, the appellants preferred this appeal armed with two grounds of appeal all boils down to the validity of the family meeting and minutes dated 04/05/2021 but which for reasons to be apparent in this judgement wiil not consider their merits. When this appeai was caiied on for hearing, the appeiiants and respondent appeared in person and unpresented. The appeiiant argued the grounds of appeai which arguments were subscribed by the 2"^^ appeiiant. In essence, their argument was the participation of the Daudi Abdallah Kilumbi (now deceased since iate 2021)to that meeting which proposed the respondent to petition for grant of ietters of administration of estate of iate Abdaiiah Hassan Kiiumbi. However, the respondent, before arguing the appeai toid the court that the 1®^ respondent has no iegs to stand to prosecute this appeai because the donor of the power of attorney to the 1®*^ appeiiant is no more since ll^'' November, 2021 while in this appeai the 1®^ appeiiant is posing as holder of power of attorney of the deceased. According to the respondent, much as the 1®^ appeiiant has no letter of administration of the iate Daudi Abdaiiah Kiiumbi, he cannot continue prosecuting this appeai whereby his legal standi ceased when the iate Daudi Abdallah Kiiumbi died. Both appeiiants conceded that, in fact, Daudi Abdaiiah Kiiumbi is dead and as such the 1®*^ appeiiant has no legal iegs to stand to prosecute this appeai under power of attorney. It is for the above reason, I found no need of considering the merits of grounds of appeai because without much ado, the appeiiant's legai legs to prosecute this appeai are wanting since the demise of Daudi Abdaiiah Kiiumbi. As to the 2^^ appellant her concern is that the respondent intends to include properties not the subject of the estate of the late Abdaiiah Hassan Kiiumbi, which issue can be dealt when the inventory is filed and not now. That said and done, this appeai is found incompetent on the part of the appellant and misconceived on the part of the 2"^ appellant, and as such without much ado, same must be and is hereby for the reasons stated above, struck out with no order as to costs because this is a probate matter. The appellants, if they wish to pursue their rights, must follow laid down procedure. Order accordingly. Dated at Morogoro this 17^"^ day of IYIaj^k2024. S.M. MAGOIGA JUDGE 17/05/2024 :J. . I Court: Judgement delivered In my Hand and Seal of this court on this day of May^'iilw^the X/ , presi ce of oth parties. r\ \"7: > & M. I MAGOIGA JUDGE 17/05/2024 Court: Right of appeal fully explali r c 7: :r LJJ JS.M, MAGQIGA —h V- -^1 ' JUDGE / 17/05/2024