20190827 TZHC Dar es Salaam

20190827 TZHC Dar es Salaam

The appellant failed to prove on a balance of probabilities that he was entitled to deduct expenses from the funds left for the maintenance and education of the deceased's child. The trial court was correct in ordering the appellant to remit the remaining USD 11,000 to the first respondent for the benefit of the child, and in dismissing the appellant's counter-claim for lack of evidence.

Citation
20190827 TZHC Dar es Salaam
Parties
Appellant: Victor Mutalemwa; 1st Respondent: Prisica Stanley; 2nd Respondent: Florida Bashasha; 3rd Respondent: Charles Bashasha
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 August 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Administration of Estates, Counter Claim, Burden of Proof, Maintenance of Child, Deduction of Expenses From Estate
Source Language
English
Succession Civil Procedure Administration of Estates Counter Claim Burden of Proof Maintenance of Child Deduction of Expenses From Estate

Case Brief

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Parties

Victor Mutalemwa

Appellant

Prisica Stanley

1st Respondent

Florida Bashasha

2nd Respondent

Charles Bashasha

3rd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to deduct expenses incurred from the deceased's estate before remitting funds to the beneficiary
  2. 2 Whether the trial court erred in awarding USD 11,000 to the respondents without considering appellant's expenditures
  3. 3 Whether the appellant proved his counter-claim to the required standard

Ratio Decidendi

The appellant failed to prove on a balance of probabilities that he was entitled to deduct expenses from the funds left for the maintenance and education of the deceased's child. The trial court was correct in ordering the appellant to remit the remaining USD 11,000 to the first respondent for the benefit of the child, and in dismissing the appellant's counter-claim for lack of evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with no costs
  • Appellant to remit USD 11,000 to the first respondent for the benefit of Madeline Gerald Sylvester Bashasha