20140520 TZHC Arusha

20140520 TZHC Arusha

Only those with blood ties to the deceased are entitled to inherit in intestate succession; upbringing alone does not confer inheritance rights.

Citation
20140520 TZHC Arusha
Parties
Applicant: Ramadhani Maabadi; Applicant: Hamadi Maabadi; Respondent: Maka Serafini; Respondent: Shibesh Abebe; Respondent: Mohamed Maabadi; Respondent: Ezra Joshua Mwaluko
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 May 2014
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application granted with costs.
Legal Topics
Determination of Beneficiaries, Intestate Succession, Estate Administration
Source Language
English

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Parties

Ramadhani Maabadi

Applicant

Hamadi Maabadi

Applicant

Maka Serafini

Respondent

Shibesh Abebe

Respondent

Mohamed Maabadi

Respondent

Ezra Joshua Mwaluko

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

  1. 1 Who are the lawful beneficiaries/heirs to the estate of the late Nina Omari?
  2. 2 Whether Maka Serafini and Shibesh Abebe are beneficiaries/heirs to the estate of the late Nina Omari
  3. 3 Whether written consent of two beneficiaries to the price under the agreement for amicable settlement should be dispensed with

Ratio Decidendi

Only those with blood ties to the deceased are entitled to inherit in intestate succession; upbringing alone does not confer inheritance rights.

Court Disposition

Application granted with costs.

Orders

  • Declared Ramadhani Maabadi, Mohamed Maabadi, Hamadi Maabadi, Twaha Maabadi, Halima Maabadi, Tausi Maabadi, Hawa Moshi Waida (Wayda), Ashura Moshi Waida (Wayda), Hassani Moshi Waida (Wayda), and Nuru Moshi Waida (Wayda) as lawful beneficiaries/heirs of the estate of the late Nina Omari.
  • Declared Maka Serafini and Shibesh Abebe are not beneficiaries/heirs to the estate of the late Nina Omari.