NA TZHC Dar es Salaam3 1
- Citation
- NA TZHC Dar es Salaam3 1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 1989
- Posture
- PC Civil Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 1989
- Posture
- PC Civil Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Kilomba Magimba
RespondentGeorge Betero
DeceasedRashidi Matebecha Betero
Applicant03
Procedural history
Posture
PC Civil Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the respondent was a member of the Kinzelu clan
- 02
Whether the magistrate erred in holding the respondent was a member of the clan
- 03
Whether the revocation of the respondent's appointment as administrator was proper
Party arguments
- Applicant
- The magistrate erred in holding the respondent was a member of the Kinzelu clan and should have noted no evidence was led to establish that fact.
- Respondent
- The appeal to the district court was based on several grounds, including the manner in which the respondent discharged his duties as administrator.
05
Court’s reasoning
Legal principles
- 01
Succession law
Appointment and revocation of estate administrators must be based on evidence and proper procedure.
06
Ratio, limits and disposition
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
Source and reliance status
TZHC · 1 January 1989
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 January 1989
IN THE HIGH COURT OF 'l'ANZP.NIA (DAR ES SALAAM DISTRICT REGISTRAR) AT DAR F.S SALAJ\11 .L. +=- ·-------.. PC CIVIL APPEAL NO., 1;8/97 (FROM Dif:.TRIC'l' COURT MOHOGORO 1~/97) ORIGINAL URBAN PRIMARY COURI' MOROOORO -;,19/97 KILOMBA MAG!MB.A •• o •• , • • • • • • • • • • • • • • • RESFONDENT VT;E'SUS
JUDGMENT BEFORE MAPIGANO J. Thi"" crr:e concern/:' the, -dmini~tr:--tion of the Kinzelu clPn 1-:-nd. When a.re George Betero ,,ho , "'P in chr--rge of the property died, R"'shidi M."'t?bc-ha Beteor !='Ought to l·e appointed :cdminfrtr- tor of the prt>petty. He, too par2ed a,,,ay, when the apf\U~;-Jinn ,,·-::-i=: dill rending in the Mlidi l'pimary court e.t Morogoro. In 1989, upon @other tn-,plic;:tion the re~pondent Kalombe. MeP-:-mbr-· ,<'nd two other perPonP vere appointed by the prim2ry court to be the admini2tr::-t-or. ,., When those two other person.c: died, the respondent becrrne the sole e.dmini- trator. An application \ ,::-s then mr:,de to the court by the appelhint for 1 the rev~c:,,tion of the rec::yiondentt r appointment. The metter '•'?,s he~ra ex- p=>rte due to the non-appe=-r:--nce of the re,,.pondent. The applic- t:ion ,,af" gr:--nted A.nd the a1~:rell"'nt h'F"S put in ch- rge of the property. Aggmered, the rePpondetit took the nl"'tte:r to the Di- trict Court of Morogoro, !'C'etting out ,,·everel ground~ in hi,.. petition. The ·epper:>J. ,·•·.e allo, ed end the decision af the primflry court "'et Re-ide. The 8.ppell-"nt h"~ tome to thfr Coti.rt to fa:1ct the judgment of the di,.,trict court. There fr onl~, one ground of eppe·l, to Fit, th·-t the ler•rned ln-"'p;io;ttPte erred in holding th,-t the re"'T'bndent i'""' e memr.pr of the Kinf:wlu ClPn ~ -ond thd the
Me.12;i- trete ought to hc-_ve noted th~ t nb evedence h·d been l~d to est~blfah thrt the re.,.pondent ,•,=,t a member of -;h,-t clan. Thi,.. appe"l i:::hould not h,..ve been :::-ciinitted to he,..ring, It fr ju,..t not ii:-u:e th-t the Magi:-:-tr,,,te me.de r.uch finding, -"'nd thd is underrt-'1ndable 1 bec:,,uP-e the "UePtion I-hether _the rei::,pondent "'-"S a member of th, t cl"'n weP not an ei=:Rue in th:,t appe:::il. Indeed, it ,.,,.,s not the 1 e.ppelcant .<: complaint even in the primr--ry court• B~.r->ic"'llY, hi/:, complaint b~fore th•·t court ,,.~r-; about the mr-,nner the re~pondent 1.-:-p di,-,charging hi:=;
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