seleli dotto vs maganga maige others 2019 tzhc 2120 18 january 2019

The appellate magistrate's addition of a co-administrator was not warranted as the second respondent lacked credibility and impartiality; the appellant was properly appointed as sole administrator by the Primary Court based on evidence and legal principles.

Citation: seleli dotto vs maganga maige others 2019 tzhc 2120 18 january 2019
Parties: Appellant: Seleli Dotto; 1st Respondent: Maganga Maige; 2nd Respondent: Misana Maige; 3rd Respondent: Jumanne Maige; 4th Respondent: Pili Maige
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 18 January 2019
Procedural Posture: Probate Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Appointment of Administrator, Credibility of Administrator, Clan Involvement in Probate, Revocation of Co Administrator
Source Language: English

Probate Family Law Appointment of Administrator Credibility of Administrator Clan Involvement in Probate Revocation of Co Administrator

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2

Parties

Seleli Dotto

Appellant

Maganga Maige

1st Respondent

Misana Maige

2nd Respondent

Jumanne Maige

3rd Respondent

Pili Maige

4th Respondent

Procedural Posture

Probate Appeal / Judgment

Legal Issues

1 Whether the appellate magistrate erred in appointing a co-administrator based on belief instead of law
2 Whether the appellant's submissions were recorded and considered
3 Whether the second respondent is fit to be co-administrator

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Judgment and orders of District Court in Probate Appeal No. 2 of 2016 quashed and set aside
Decision of Primary Court in Probate Case No. 3 of 2015 upheld