diana deusdedit and another vs yustina kokwenda 2021 tzhc 7622 13 december 2021

diana deusdedit and another vs yustina kokwenda 2021 tzhc 7622 13 december 2021

The 1st appellant was not legally married to the deceased, as their union did not meet the requirements of the Law of Marriage Act, and the period of cohabitation was less than two years. The appointment of the appellants as administrators was procedurally irregular, including insufficient public notice and improper choice of court. The District Court was correct in revoking their appointment, and the respondent is entitled to apply for administration of the estate.

Citation
diana deusdedit and another vs yustina kokwenda 2021 tzhc 7622 13 december 2021
Parties
1st Appellant: Diana Desdedit; 2nd Appellant: Deogratias Lwelamira; Respondent: Yustina Kokwenda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 2021
Procedural Posture
Probate and Administration Appeal / Appeal From District Court's Revision of Primary Court Decision
Outcome
Appeal dismissed
Legal Topics
Appointment of Administrator, Customary Marriage, Presumption of Marriage, Jurisdiction of Courts, Procedural Irregularities in Probate
Source Language
English
Probate and Administration Family Law Appointment of Administrator Customary Marriage Presumption of Marriage Jurisdiction of Courts Procedural Irregularities in Probate

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Parties

Diana Desdedit

1st Appellant

Deogratias Lwelamira

2nd Appellant

Yustina Kokwenda

Respondent

Procedural Posture

Probate and Administration Appeal / Appeal From District Court's Revision of Primary Court Decision

Legal Issues

  1. 1 Whether the District Court erred in revoking the appellants' appointment as administrators of the deceased's estate
  2. 2 Whether the 1st appellant was legally married to the deceased and thus entitled to administer the estate
  3. 3 Whether the application for administration was properly filed at the correct Primary Court

Ratio Decidendi

The 1st appellant was not legally married to the deceased, as their union did not meet the requirements of the Law of Marriage Act, and the period of cohabitation was less than two years. The appointment of the appellants as administrators was procedurally irregular, including insufficient public notice and improper choice of court. The District Court was correct in revoking their appointment, and the respondent is entitled to apply for administration of the estate.

Court Disposition

Appeal dismissed

Orders

  • Decision of the District Court upheld
  • Respondent at liberty to apply for appointment as administrator