19931101 TZCA Dodoma1
The sale of the house by the administrator was proper and valid, as it was made to a bonafide purchaser for value at public auction, and there was no evidence of fraud or deception.
Source-derived case information.
- Citation
- 19931101 TZCA Dodoma1
- Parties
- Appellant: Ramadhani Salumu Kimolo; Respondent: Abdi Salumu Kimolo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 November 1993
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Administration of Estate, Sale of Estate Property, Fraud, Bonafide Purchaser
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhani Salumu Kimolo
Appellant
Abdi Salumu Kimolo
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the sale of estate property by the administrator was fraudulent or deceptive
- 2 Whether the sale is void if the administrator's appointment is questionable
- 3 Whether a bonafide purchaser for value obtains good title
Ratio Decidendi
The sale of the house by the administrator was proper and valid, as it was made to a bonafide purchaser for value at public auction, and there was no evidence of fraud or deception.
Court Disposition
appeal dismissed
Orders
- appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
HI T~G CO:.T.:"'.T OF APPEAL OF T.AlJZAi.IT.A. 'co...,u•. \.,__~CJ ~..,..l..~hl~t~AVl.?J_ }_._A-..,._ Al~§;.iZ.,~I_L.i:i., J_..A.j CIVIL APF2•.:U lJO. 10 OF 19]3 RAI1ADID1U :3fl.tUMU ICI}IOLO. • • • • ).:::~:,JT..,L.'dT .AlU) A3DI ,3ALUMU Kil'IOLO & &"iO ·. ,-•:r • ..'-...;JJ..i. • (Apyeal !rem t:1e decizio~1 of the High C~ o! Tanzani2, at Dodoma) (~~tE._apy~,,~ .J.~ da~d the 15th dc=7 of :fovember, 1991 in This 1s tha eOQl)tld c,:;;>peal by m!i:::i.C:1'.r~.ni .ialum KimoJ ,; who, ~Y' hi~ PtH'f ,r At.tomey, reGpresented his brother Abub2.:l:ar Sal.Ulll'\1 ltimc,J.t wl~ wa.e givea Le-tt~rs •t Administ.ro.tion in th9 ec:tate 0£ tl1eil' !atl1er Qhief ,·3a}~Il1• I ~ . The previous 1~dmii"1i.sJ, r-ator Abdi 3a.l\JJl1ij IC!me.e had hie appointment :;:-evo'.:ed arid is no:1 the first ~sBfldent ~ ·,hJ,e ,a.se. It is alleged. t:1c1,t his appointment was \. ~btained by t=-1,1.d, Th• !irst ren~Jondent wltlle he uas thE: ~Gtt-atOJ: a, th• e~tate Gf :us deceasocl. fr:c:.1er sold <-ne ?yse N••4 J3lt•k 11 situated in J)odo:".12, to".mshl:) for ':,hs, ao,000/::., The eat~te ~ the deweased had ~leven ~1ouces. Docu:1ents were tendered in the J)istriet Court ahowL1c ,~;_:.e list of heirs who had - . r;ivtn ;;nsent t; the !ale, Alst ex10,t;;_1cr document t1as t-;ndered sho,wing the list of h!irs w:,; :1.ad each received t~1eir siiare of :3:1.8• 2,000/• !:i."'l'l the sale price of this 11ouse. The a; ,pellant a.reued that th♦ si~tu.res on these d.ocu~ :ents tendered were obtained. bY deaeptign. Tht heirs were told that they were sig;."!ing for other ri1atte.r~ like ~1thly rent,=:: of the l1onses com:_:irising the deceased estate. But the !irst respondent Abdi tend.0:::ed in the J)istrict C-urt a.s ~hi1'it :0.3 the letter written "oy :1amadhani -·•:,e appellant aut,h•rising Abuba.kar to reeeive !or him :us share of 3hs. 2,000/= frtn the sale price •i the house. .. ..• /2 .,.,, -,, / ___5.r--·-'"! 2 1'he jxhibits :ow.1, 2 and ; showing consent to the sale and receipt of money w~.re a.gain referred in this Court by Ur. Mbezi, learned ·Counsel for the re3pond.ents, t:12,t the sale of thi& house by the first respondent had no ele,,1e:.1~~ of fraud tJi' deception. Mr. Iibezi also said. that even if t:10 l',ppointment of .Abdi the selle-r of this house is considered quetionable the sale of 'the house by him does not b~ccrne null and void so long as .it wa.a sold to a bonafid.e pur•)1.1ase:r for vc,lue 1.-1i thout notice and at public auction. Mr. I foezi q-uoted ,Jee.· 95 and 97, 0£ the Probate 1 and Administration 0rdi.11ance Cap •. 445 ·.;~uch vests in the Administra- tor. all property of tl:e dece··,cec1 a,1cl also gives him powers of sale, mortgage, leasiq; of immovable proi)erty. · Tl1e ca.se of t:,~_(!f Ada.:JU:1?...~1_o_y_s_J~.lC:il~1 T.L,lt, 3J5 which gives a good tLle to the bonafide pur.cllaser for value is , also relevant in this ease. He agree with t:1e oonourren~ findings of the two Courts which adjudicated thif: matter tbat sale of the house in issue '1-lae proper and i-ieed n</c 'be disturbed. We accordingly dismiss the appeal with c~sts. DA'::']lD at. DOD011U. this 1st day of lfovember, 1993. A.M.A. 011.AR ______ JU,JTICE .... --- ,,,.._,....... , OF. APPEAL ~ .-.........,. N .,s. 1'Il'IZAVAS I ---..-..-....------•- JU 5TIC'l OF APPEAt L .N. MF.ALIT.t.A JU,]TIM"! ............... OF J'>P:2DAL ~ ............. .-_ ............ I c3rtif~ tllat this is a true copy ot the eriginal.