of the estates of the late holo lumija who was the administratrix of the estates of the late bala daha vs masubi selemani luhumbile the administratrix of the estates o

of the estates of the late holo lumija who was the administratrix of the estates of the late bala daha vs masubi selemani luhumbile the administratrix of the estates o

Appellant lacked capacity to sue as she was not the administratrix of Bala Daha's estate; proceedings, judgment, and decree of the trial tribunal are nullified and matter remitted for proper joinder.

Source-derived case information.

Citation
of the estates of the late holo lumija who was the administratrix of the estates of the late bala daha vs masubi selemani luhumbile the administratrix of the estates o
Parties
Appellant: Sabina Bala Daha; 1st Respondent: Masubi Selemani@Luhumbika; 2nd Respondent: Umoja Mangombe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Land Appeal / Judgment
Outcome
proceedings, judgment, and decree of trial tribunal nullified; matter remitted to trial tribunal for proper joinder of administrator
Legal Topics
Capacity to Sue, Administration of Estates, Joinder of Parties
Source Language
english
Probate Land Law Capacity to Sue Administration of Estates Joinder of Parties

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sabina Bala Daha

Appellant

Masubi Selemani@Luhumbika

1st Respondent

Umoja Mangombe

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant had legal capacity to sue as administratrix of the estate of Bala Daha
  2. 2 Whether the proceedings and judgment of the trial tribunal were valid given improper joinder of parties

Ratio Decidendi

Appellant lacked capacity to sue as she was not the administratrix of Bala Daha's estate; proceedings, judgment, and decree of the trial tribunal are nullified and matter remitted for proper joinder.

Court Disposition

proceedings, judgment, and decree of trial tribunal nullified; matter remitted to trial tribunal for proper joinder of administrator

Orders

  • Nullification of proceedings from 09.05.2022
  • Judgment and decree declared nullity