Mariam Juma versus Tabea Robert Makange

Mariam Juma versus Tabea Robert Makange; Civil Appeal No. 38 of 2009: Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Probate and Administration of Estate

• Petition – Parties filed petitions to be appointed administratrix – Another party filed a caveat – the judge went ahead and determine the status of marriage of one parties and her children – whether it was the right forum.

• Civil Procedure

• Issues – when they should be framed?.

Held:-

(i) In a petition for appointment of an administrator and caveat filed by other party, the court should conduct hearing and appoint an administrator.  It is improper for the court to decide other matters such as status of marriage and who should be a beneficiary. This role should be played by the administrator of the deceased estate.

(ii) Issues are framed before commencement of trial.