IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM PC CIVIL APPEAL NO. 113 OF 2004

Similar documents
IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM. (From the decision of the RM's Court at Kisutu before Msongo, RM) JUDGMENT

This is an appeal against the decision of the Kinondoni. District Court in Civil Appeal No.86 of 2003 which reversed the

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM

AT DAR ES SALAAM. CIVIL APPEAL NO. 45 OF 2006 (Original Morogoro District Court's Labour Case No. 23 of Mzonge, SDM) JUDGMENT

- 18/7/ /8/2008 JUDGMENT. The Appellant Mwajina Bernard was charged with theft. charged by the Court of the Resident Magistrate at Kisutu in

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM VERSUS

IN THE COURT OF APPEAL OF TANZANIA AT DODOMA. (CORAM: MUNUO, J.A., KAJI, J. A., And KIMARO, J. A.) CRIMINAL APPEAL NO.130 OF 2006

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM. CIVIL APPEAL NO.19 OF 2004 (Appeal from Kisutu Court Employment Case No.

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM CIVIL APPEAL NO. 214 OF 2000

ludgment OF THE COURT The appellant, School of st. Jude Limited has appealed against the

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: KIMARO,J.A. MBAROUK, J. A. and MSAJIRI, J.A) CIVIL APPEAL NO.

IN THE HIGH COURT OF TANZANIA AT OAR ES SALAAM

JUDGMENT OF THE COURT

The appellant, Tanzania Ports Authority, is challenging the. decision of the Tax Revenue Tribunal in VAT Appeal No. 14 of

IN THE COURT OF APPEAL OF TANZANIA AT TANGA CIVIL APPEAL NO. 127 OF 2005 VERSUS 1. JUMANNE D. MASANGWA 2. AMOS A. MWALWANDA.

IN THE COURT OF APPEAL OF TANZANIA AT DODOMA. (CORAM: MUNUO, J.A., KAJI, J.A. And KIMARO, J.A.) CRIMINAL APPEAL NO. 215 OF 2004

REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK APPEAL JUDGMENT

IN THE FAIR COMPETITION TRIBUNAL OF TANZANIA AT DAR ES SALAAM BEFORE: HON. R. H. SHEIKH, J/CHAIRMAN MR. A.K. JUMA, MEMBER DR. M.M.P.

The appellant is challenging the decision of Lukelelwa, J. in

IN THE TAX COURT. [1] This is an appeal referred to this court in terms of section 83A(13)(a) of

IN THE PUBLIC PROCUREMENT APPEALS AUTHORITY AT DAR ES SALAAM APPEAL CASE NO. 20 OF BETWEEN M/S HUMPHREY CONSTRUCTION LTD..

Mr S Broadbent for the appellant Ms T Donnelly for Chief Executive of the Ministry of Social Development DECISION

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2007 COMMISSIONER OF WEALTH TAX, RAJKOT VERSUS

IN THE MĀORI APPELLATE COURT OF NEW ZEALAND TAITOKERAU DISTRICT A Appellant. MARGARET SAMSON AND MASSEY SAMSON Respondents

kenyalawreports.or.ke

IN THE SUPREME COURT OF SEYCHELLES. TIC TAC SHOP (Rep. by Frederick Payet) SRINIVAS COMPLEX (Rep. by M. Srinivasan Chetty) JUDGMENT

2017 PA Super 122. Appeal from the Order May 23, 2016 In the Court of Common Pleas of Bucks County Civil Division at No(s): No.

JUDGMENT OF THE COURT

Decided on: 08 th October, 2010

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE HEMINGWAY. Between ENTRY CLEARANCE OFFICER. and

(CORAM: MSOFFE, J. A., KILEO, J. A. And KALEGEYA, J. A.)

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

IN THE FAIR COMPETITION TRIBUNAL AT DAR ES SALAAM BEFORE HON. R.SHEIKH, J/CHAIRMAN DR. M.M.P. BUNDARA, MEMBER MR. F.

Allowing Paula to rely on presumption of advancement because the presumption is only available to a dependant minor child; and

FORM A FILING SHEET FOR EASTERN CAPE HIGH COURT, MTHATHA JUDGMENT

IN THE FAIR COMPETITION TRIBUNAL OF TANZANIA AT DAR ES SALAAM APPEAL NO. 1 OF 2008 (APPEAL ARISING FROM THE DECISION OF THE ENERGY AND WATER

The Panel found Dr Brew s fitness to practise was impaired and determined to erase his name from the Register.

Before: HIS HONOUR JUDGE SMITH MR ANTHONY SMITH. -v- EXCEL PARKING SERVICES LIMITED. Lay Representative for the Appellant: Counsel for the Respondent:

Ombudsman s Determination

IN THE COURT OF APPEAL. BETWEEN: AGATHA NOEL (As Administratrix of the Estate of Hence McLawrence Noel, Deceased) and MELINA VERNE NOEL

REPUBLIC OF MALAWI MALAWI JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISRTY CIVIL DIVISION. CIVIL APPEAL NO. I l l OF 2017

IN THE PUBLIC PROCUREMENT APPEALS AUTHORITY AT DAR ES SALAAM CONSOLIDATED APPEAL CASES NO. 28 AND 29 OF BETWEEN COMPANY LIMITED...

JUDGMENT OF THE COURT

ASYLUM AND IMMIGRATION TRIBUNAL

IN THE HIGH COURT OF TANZANIA AT OAR ES SALAAM

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE MONSON. Between MR MUNIR AHMED (ANONYMITY DIRECTION NOT MADE) and

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE GRUBB. Between. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and

Please quote our reference: PFA/EC/ /2016/MD REGISTERED POST. Dear Madam,

Ombudsman s Determination

THE IMMIGRATION ACTS. On 1 February 2016 On 9 February Before DEPUTY UPPER TRIBUNAL JUDGE J M LEWIS. Between

* IN THE HIGH COURT OF DELHI AT NEW DELHI. versus % CORAM: HON BLE MS. JUSTICE ARUNA SURESH

Mutua Mulundi v Republic [2005] eklr REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL EVASION PENALTY - Importation of cigarettes appeal dismissed. - and - TRIBUNAL: JUDGE JENNIFER DEAN MR MICHAEL ATKINSON

AT NAIROBI. CIVIL APPEAL No. 3 of ANNE WANGUI NGUGI & OTHERS Appellants - VERSUS

Criminal Case No. 12 of 2004 in the District Court of Liwale. It was alleged by

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT B191247

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: MUNUO, J.A. MSOFFE, J.A. AND KILEO, J.A.) CIVIL APPEAL NO. 55 OF 2003

IN THE PUBLIC PROCUREMENT APPEALS AUTHORITY AT DAR ES SALAAM APPEAL NO. 26 OF BETWEEN

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

RK (OFM membership of household dependency) India [2010] UKUT 421 (IAC) THE IMMIGRATION ACTS. Before

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO OF Murugan.Appellant(s) VERSUS

No. SC-CV IN THE SUPREME COURT OF THE NA V AlO NATION. Glenda Damon, Appellant, OPINION

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

IN THE PUBLIC PROCUREMENT APPEALS AUTHORITY AT DAR ES SALAAM. APPEAL CASE No. 29 OF BETWEEN M/S MNTAMBO CONSTRUCTION COMPANY LTD.

(CORAM: MSOFFE, J. A., KILEO, J. A. And KALEGEYA, J.A.) DAVID KAPOMA APPELLANT VERSUS THE GENERAL MANAGER TANGA CEMENT COMPANY LTD RESPONDENT

Rajen Hanumunthadu v The state and the independent commission against corruption SCJ 288 Judgment delivered on 01 September 2010 This was an

THE IMMIGRATION ACTS. On: 2 May 2018 On: 8 May Before UPPER TRIBUNAL JUDGE KEBEDE. Between [G N] and

IN THE PUBLIC PROCUREMENT APPEALS AUTHORITY AT DAR ES SALAAM APPEAL NO. 31 OF BETWEEN

BEFORE THE REAL ESTATE AGENTS DISCIPLINARY TRIBUNAL. An Appeal under Section 111 of the Real Estate Agents Act Appellant

F.A.110 of 2004 Shri Arun Chandra Dey V. Shri Debasish Ghosh & Ors. Mr. Sukanta Chakraborty,

Ombudsman s Determination

Ombudsman s Determination

Before : MR JUSTICE FANCOURT Between :

IN THE COURT OF APPEAL JOEL GUMBS. and [1] ADINA GARNES [2] DENNIS HADAWAY

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S) /2018 (Special Leave Petition (C) No(s).

IN THE SUPREME COURT OF SOUTH AFRICA (APPELLATE DIVISION) COMMISSIONER FOR INLAND REVENUE SOUTHERN LIFE ASSOCIATION LIMITED

IN THE TAX APPEALS TRIBUNAL TAX APPEAL NUMBER 15 OF 2015 KENINDIA ASSURANCE COMPANY LIMITED VERSUS THE COMMISSIONER OF DOMESTIC TAXES RESPONDENT

State of New York Supreme Court, Appellate Division Third Judicial Department

THE IMMIGRATION ACTS. On May 6, 2016 On May 18, Before DEPUTY UPPER TRIBUNAL JUDGE ALIS. Between MR BISRAT ASFAHA (NO ANONYMITY ORDER MADE) and

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF Versus. The State of Bihar & Ors. Etc...

THE IMMIGRATION ACTS. Promulgated On 10 March 2015 On 29 May Before UPPER TRIBUNAL JUDGE DEANS. Between

IN THE HIGH COURT OF DELHI AT NEW DELHI. LPA No.101/2010 and LPA No.461/2010 & CM Appl. Nos /2010. Date of Hearing:

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 29 April 2015 On 18 May Before UPPER TRIBUNAL JUDGE MCWILLIAM

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL No(s). 176 OF 2019 (Arising out of SLP (CRL.) No.

IN THE COURT OF APPEALS OF IOWA. No / Filed September 7, 2006

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) (Original Side) I.T.A. No.219 of 2003

THE IMMIGRATION ACTS. Heard at Birmingham Decision & Reasons Promulgated On 15 th July 2016 On 26 th July Before UPPER TRIBUNAL JUDGE HEMINGWAY

THE IMMIGRATION ACTS. Promulgated On 19 May 2015 On 17 June Before DEPUTY JUDGE OF THE UPPER TRIBUNAL MURRAY. Between

Tiger Oats Provident Fund DETERMINATION IN TERMS OF SECTION 30M OF THE PENSION FUNDS ACT OF 1956

APPEAL OF: JESSE EVANS, APPELLANT : No. 222 EDA 2014

DATED: 9th January, 2009

IN THE SUPREME COURT OF BELIZE A.D., 2004 (APPELLATE JURISDICTION) APPEAL FROM THE INFERIOR COURT FOR THE BELZE JUDICIAL DISTRICT D E C I S I O N

In The Supreme Court of Belize A.D., 2010

IN THE COURT OF APPEAL BETWEEN BISSONDAYE SAMAROO AND

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO(S).9310/2017 (Arising from Special Leave Petition(s)No.

IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL CIVIL DIVISION DOMESTIC BUILDING LIST VCAT Reference: D202/2004. Noreen Cosgriff.

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 19 June 2017 On 29 June Before DEPUTY UPPER TRIBUNAL JUDGE CHANA

TC04086 [2014] UKFTT 974 (TC) Appeal number: TC/2014/00845

IN THE COURT OF APPEAL OF TANZANIA AT MBEYA (CORAM: MSOFFE, J.A., MBAROUK, J.A., And MANDIA, J.A.)

Transcription:

IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM PC CIVIL APPEAL NO. 113 OF 2004 (From the Decision of the Temeke District ABDULHAMANI Appeal No. 44 of 2003 Mzava PDM). Court in Civil HASSANI LITOKI APPELLANT VERSUS HAMISI SHABANI LITOKI RESPONDENT JUDGMENT A. Shangwa,J. This is an appeal against the decision of the District Court of Temeke in Civil Appeal No. 44 of 2003. The appellant raised three grounds of appeal. These grounds are mixed up. They do not exactly indicate as to what the appellant is complaining about. Taking them as a whole, they give the impression that the appellant is faulting the District Court of Temeke for not holding that HOUSE No. 330 Block "L" situated at Kibondemaji Mbagala Zakheim belongs

2 to him. In fact, in his amended memorandum of appeal filed on 28/4/2004, he prays this Court to declare him as the owner of that house. In order to resolve this appeal, I have found it necessary to look at the history of the dispute between the parties. It started in mid October, 2002 after the death of Hamisi Saidi Litoki who died on 8/4/2002. After his death, the appellant who is the brother of the deceased started to claim that House No. 330 Block"L" at Kibondemaji Mbagala Zakheim belongs to him. This house was bought by the deceased from one Mohamed Bakari Mohamed and Mariam Mohamed. The respondent who is one of the deceased's son disputed the appellant's claim over the said house by saying that it belongs to his late father and that it forms part of his

3 late father's estate. On 17/10/2002, the respondent filed Probate and Administration Cause No.402 of 2002 in the Primary Court of Temeke for being appointed as administrator of the estate of his late father. The citation of his application for so being appointed was issued in Mwananchi News Paper dated 4/11/2002. After filing the aforesaid cause, the appellant and one Salehe Ally Mlanzi filed an objection against the respondent's application. Their objection was based on three points. One, that the respondent did not call a family meeting before filing the application. Two, that he misappropriated the deceased's property worth Shs.2,SOO,000/-. Three, that he is not capable of leading the deceased'sfamily. I have gone through the Temeke Primary Court's record and found that the Primary Court Magistrate Mrs.

4 Dege did not make a ruling on the said points of objection against the respondent's application. It appears that she ignored them and proceeded to appoint the respondent as administrator of the estate of his late father. During the hearing of the said objection, the appellant raised the issue of ownership of house No.330 Block "L" at Kibondemaji Mbagala Zakheim. He told the Temeke Primary Court Magistrate that it belongs to him and does not form part of the deceased's estate. The said Magistrate considered this issue and dismissed the appellant's claim of ownership of that house and held that it belongs to the deceased'sestate together with another house which is located at Liganga Street Temeke namely house No.3. At page 4 of her typed judgment, the said magistrate held that although the sale document of the house in issue is in the name of the appellant, this house does not belong to him. It is part of the deceased'sestate. The major reason which was given by the

5 said Primary Court Magistrate for so holding is that the appellant had no official document to show that it had been transferred in his name. On appeal to the District Court of Temeke Mrs Mzava PDM upheld the decision of the Temeke Primary Court for appointing the respondent as administrator of the deceased's estate and for holding that the house in issue namely house No. 330 Block "L" at Kibondemaji Mbagala Zakheim forms part of the deceased's estate and does not belong to the appellant. In her decision, Mzava, PDMwas of the view that the deceased had no intention of giving the aforesaid house to the appellant. She said that had it been the deceased's intention to do so, he should have handed it over to him immediately after buying it but instead of doing so, the deceased made it his residential house until his death.

6 On appeal to this Court against the holding of the said learned Principal Resident Magistrate, the appellant contended that the deceasedbought that house for him as a gift and that it was wrong for the said Magistrate to uphold the Temeke Primary Court's decision in which it was held that it forms part of the deceased'sestate. In his written submissions, the respondent vigorously resisted the appellant's claim over the house in issue. He contended that it forms part of the deceased's estate and that the deceased never gave it to the appellant as a gift. I agree with the holding of the Principal District Magistrate Mrs Mzava that the respondent was properly appointed as administrator of the estate of the late Hamisi Saidi Litoki and that House No. 330 Block"L" at Kibondemaji Mbagala Zakheim forms part of the estate of the said

7 deceased person. Also, I agree with her holding that the deceased had no intention of giving the house in issue to the appellant as a gift. Had he intended to do so, he would have handed it over to him after purchasing it in his name. On the contrary, after purchasing it, he occupied it together with his family and continued to live in it with his family until his death. Apart from that, the deceased never informed any of his family members including the respondent that he had bought it for the appellant as a gift. In fact, nobody knows as to why the deceased bought it in the name of the appellant. That remains the deceased's secret. In my view, having bought it in the appellant's name, is not conclusive proof that he bought it for him and gave it to him as a gift. It is common knowledge that for one reason or another some people buy or even register properties in the names of their close relatives while retaining ownership

of those properties. This is what happened in this case. Like both lower Courts, I hold that the house in issue forms part of the deceased's estate and does not belong to the appellant. For these reasons, I hereby dismiss this appeal with A.Shangwa,l: 29/6/2006. Delivered in open Court this 29 th day of June, 2006. ~~ A. Shangwa, JUDGE 29/6/2006.