19980305 TZHC Dar es Salaam

19980305 TZHC Dar es Salaam

The trust deed is not void as there is no evidence to support the respondent's claim of contribution to the properties in question, and the deceased had the right to create the trust. However, the appellant should not be appointed administrator as he is not acceptable to the beneficiaries and was found to be fraudulent on the equities of the estate.

Citation
19980305 TZHC Dar es Salaam
Parties
Appellant: Silas Zephania Machenge; Respondent: Christina Manori
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 March 1998
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed in part and dismissed in part.
Legal Topics
Validity of Trust Deed, Appointment of Administrator, Inheritance Rights, Equitable Distribution
Source Language
English
Succession Law Trusts and Estates Validity of Trust Deed Appointment of Administrator Inheritance Rights Equitable Distribution

Case Brief

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Parties

Silas Zephania Machenge

Appellant

Christina Manori

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trust deed created by the deceased in favour of Juliana and her children is void
  2. 2 Whether the appellant should be granted letters of administration to the deceased's estate

Ratio Decidendi

The trust deed is not void as there is no evidence to support the respondent's claim of contribution to the properties in question, and the deceased had the right to create the trust. However, the appellant should not be appointed administrator as he is not acceptable to the beneficiaries and was found to be fraudulent on the equities of the estate.

Court Disposition

Appeal allowed in part and dismissed in part.

Orders

  • Trust deed declared valid and not void.
  • Appellant's application for letters of administration denied.