richard nyorobi vs mohamed dase 2019 tzhc 2121 18 january 2019

Objection to appointment of administrator based on property listing was premature; trial court should have confined itself to fitness and suitability of petitioner. Appointment process must proceed without considering ownership or distribution objections at this stage.

Citation: richard nyorobi vs mohamed dase 2019 tzhc 2121 18 january 2019
Parties: Appellant: Richard Nyorobi; Respondent: Mohamed Dase
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 January 2019
Procedural Posture: Probate Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Appointment of Administrator, Objection to Appointment, Distribution of Estate
Source Language: English

Probate Family Law Appointment of Administrator Objection to Appointment Distribution of Estate

Case Brief

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Parties

Richard Nyorobi

Appellant

Mohamed Dase

Respondent

Procedural Posture

Probate Appeal / Final Judgment

Legal Issues

1 Whether the objection to the appointment of administrator based on property listing was valid
2 Whether the trial court erred in dismissing the petition for appointment of administrator
3 Whether the appellate court erred in quashing the trial court's proceedings and ordering a clan meeting

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Decision of Primary Court dismissing appointment pending another case is quashed.
Trial Primary Court ordered to proceed with hearing and determination of appointment of administrator from where it ended on 17.12.2016.