NA TZHC Dar es Salaam3 1

NA TZHC Dar es Salaam3 1

The question of whether the respondent was a member of the Kinzelu clan was not an issue in the appeal, nor was it the applicant's complaint in the primary court. The magistrate did not make such a finding, and the appeal should not have been admitted on that ground.

Citation
NA TZHC Dar es Salaam3 1
Parties
Respondent: Kilomba Magimba; Deceased: George Betero; Applicant: Rashidi Matebecha Betero
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1989
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Appointment of Administrator, Revocation of Appointment
Source Language
English
Succession Administration of Estates Appointment of Administrator Revocation of Appointment

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Parties

Kilomba Magimba

Respondent

George Betero

Deceased

Rashidi Matebecha Betero

Applicant

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the respondent was a member of the Kinzelu clan
  2. 2 Whether the magistrate erred in holding the respondent was a member of the clan
  3. 3 Whether the revocation of the respondent's appointment as administrator was proper

Ratio Decidendi

The question of whether the respondent was a member of the Kinzelu clan was not an issue in the appeal, nor was it the applicant's complaint in the primary court. The magistrate did not make such a finding, and the appeal should not have been admitted on that ground.

Court Disposition

Appeal dismissed