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ABBAS ALLY ATHUMAN BANTULAKI AND ANOTHER VS. KELVIN VICTOR MAHITY (Administrator of the Estate of the late PETER WALCHER)CIVIL APPEAL NO. 385 OF 2019.
(THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM., 2022-08-16)Held; i. Administrator’s actions are bound to be for the benefit of the rightful heirs and are precluded from embezzling in any way misapplying the deceased estate. ii. A requirement to appoint an administrator of the ... -
SWALEHE JUMA SANGAWE (As administrator of the Estate of the Late JUMA SWALEHE SANGAWE AND ANOTHER VS. HALIMA SWALEHE SANGAWE. CIVIL APPEAL NO. 82 OF 2021
(THE COURT OF APPEAL OF TANZANIA, MOSHI., 2022-10-03)HELD; 1. It is, therefore, our finding that she had no standing to institute the proceedings in the trial court. 2. The trial court obviously slipped into error by allowing her to maintain her action in her own name ... -
THE REGISTERED TRUSTEE OF SOS CHILDREN'S VILLAGES TANZANIA VS. IGENGE CHARLES AND 10 OTHERSCIVIL APPLICATION NO. 426/08 OF 2018
(THE COURT OF APPEAL OF TANZANIA, MWANZA., 2022-07-13)Held: 1. The administrator of the estate of the deceased can sue as a personal and legal representative of the deceased and not in his own name and capacity. 2. Locus standi is a principle which is governed by common ...