reginald kora hugo vs desideri riva urassa 2 others 2022 tzhc 809 31 march 2022

reginald kora hugo vs desideri riva urassa 2 others 2022 tzhc 809 31 march 2022

The trial court and the 1st appellate court erred in revoking the appellant's appointment based on speculative reasons not falling within Rule 9(1)(a)-(e) of G.N. No. 49 of 1971. However, the trial court lacked jurisdiction as the deceased was Christian, and thus all proceedings are nullified.

Citation
reginald kora hugo vs desideri riva urassa 2 others 2022 tzhc 809 31 march 2022
Parties
Appellant: Reginald Kora Hugo; 1st Respondent: Desideri Riva Urassa; 2nd Respondent: Rosemary Wankuru Urassa (As an administratrix of the estate of the late Alphonce Timira Urassa); 3rd Respondent: Vicent Shauri Urassa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2022
Procedural Posture
Probate Civil Appeal / Second Appeal to High Court From District Court
Outcome
Appeal allowed; proceedings, judgment, and decree of trial and 1st appellate court quashed and set aside for want of jurisdiction.
Legal Topics
Revocation of Letters of Administration, Jurisdiction of Primary Court in Probate Matters, Customary and Islamic Law Applicability
Source Language
English
Probate Jurisdiction Revocation of Letters of Administration Jurisdiction of Primary Court in Probate Matters Customary and Islamic Law Applicability

Case Brief

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Parties

Reginald Kora Hugo

Appellant

Desideri Riva Urassa

1st Respondent

Rosemary Wankuru Urassa (As an administratrix of the estate of the late Alphonce Timira Urassa)

2nd Respondent

Vicent Shauri Urassa

3rd Respondent

Procedural Posture

Probate Civil Appeal / Second Appeal to High Court From District Court

Legal Issues

  1. 1 Whether the trial court was justified to revoke letters of administration issued to the appellant
  2. 2 Whether the Primary Court had jurisdiction to entertain the probate matter where the deceased professed Christianity

Ratio Decidendi

The trial court and the 1st appellate court erred in revoking the appellant's appointment based on speculative reasons not falling within Rule 9(1)(a)-(e) of G.N. No. 49 of 1971. However, the trial court lacked jurisdiction as the deceased was Christian, and thus all proceedings are nullified.

Court Disposition

Appeal allowed; proceedings, judgment, and decree of trial and 1st appellate court quashed and set aside for want of jurisdiction.

Orders

  • Proceedings, judgment, and decree of the trial court and the 1st appellate court are quashed and set aside.
  • No order as to costs.