Anna Aloyce Moshi vs Elizabeth Nyafi (PC Civil Appeal No. 78 of 2000) [2000] TZHC 42 (28 August 2000)

.IU THE HIGH CUURT OF 'l'Ai:·JZAHIA A 1 r Jr:USHA ?C. CIVIL, APPEAL NO .78 OF 2000 (ORGL')ATING )THOM A'.HSii'lG OUT QTi' ;niusH:. URB1\N PR. COURT. PHOBJI.Ti .UfD .:\DMINISTPATION CAIJdi::: NO 8/98 i:.ND DISTI:ICT COURT OF ;\i:USHA ,tl' AHUSH:A CIV. APPi~:i.L NO. 56 OF 1999 ;-1.NNA ,i.LOYO::;J. HOSIU •••••• · •••••• ;; • ·~ ~ ••••••• AP.i?.i!LLi\l'IT VEHSUS ELI&:.BZ'rH · w..:·.' 'fi'I., o_ ............... ~ •••••••• HESPONDENT J U D G E M ~ N T MUSHI, J. . ., The Respondent, E:Lizabeth Nyafi, ·was appointed an administrator~ ~ of the estate of the· late Ernest Donald. ·· 'Jhe appointment was made lty the Primary Court. The ap]ellant, Anna ,\ ois lJJoshi, unsuccessfully applied to have the appointment of Elizabeth Nyafi as an administrator of the Estate revol,{ed. ... rt appeal to the Dstrict Court against· the decision of the Primary' ,Court was equally! unsuccessful. The appellant again appeals . to this Court on the follov1ing grounds namely- 1,. ':I:hat the entire judeement ,_,,as a nullity at law in that· in determining the appeal, the li.ppellant was not afforded an opportunity of being heard on her grounds stated· in the petition of appeal, z. That -in the· course of judgeme.nt lthe Honourable first appellate court imported in some exthm<;)OUS and cxtriri:;ic matters not germne to theappetll, before it. . . 3. That the order allo\Jing .distribution of T,Shs, ?, 13~ 1 -650/= was ru-rived at without hea.ring' 9arties te the appeal on this amount of money, ;i The appeal ,was argued by Mr~ Mange - Lea1ned advoate. Had the learned Counsel perused the proceedings in the District Court in its . ~ . appellate Jurisdiction, he would ha.ve noted that the first ground of appeal has no merits at all. .~c..:qrding to the record, tha appellant addre.5esed the Court. · ·rhe i?roceedi!1gs in the District Court of 16/8/2000 read as follows:- ~ nnate: 16/8/2000 •. Corf'm:. K.M.M. Samb_o, ~~l For li.p:plicant • Present For Responde,n.t - P;resent • •••••. 21-

• 2 - /u:ipah .'.loice 1'19~:- I Object the appointment of Elizabeth Donard Nyafi to be administrator of the estate of 1rnest Donald Nyafi who passed away on 21/10/97' for the following reasons.

1. Elizabeth Donard, took Shs. 1,026 1 306/:::.: from Co.977 Kj on 20/'5/98' and we Don't know where the money are • .
2. 'Ehe chi:::.dren (3) of the decased who are in .Secondary schools and Primary Schools do not get any assistance f l;'.om the said mcm2:v ~ . - • - • •. • • o' > •> •P ':', 3o Elizabeth took two letters of meetings of relatives CDCD) which m °' in the case file all taking place on the same '!.ay, •.. Elizabeth to d,,tte loesn 1 t know where the said (3) children are and do ·school ·under ',:ho supervision.

P.o o. F. C. Sgda ·:;, M.· M. Sarnbo;· :RN :/8/2000 Elizabeth Donard Nvufi:- -------- II. ·-

1. It's true that 1 took L;,o said mon"'y-· and they were condolences and I handed, them to the deceased's parents. The money were spent on m:-;;king follow up of the rights of the deceased in D'S3.laam.
2. One son who's in standard (V) is u:hdee my-guidance and do pay e.11 school fees, etc. · The two children born out of the appellant are with her and she takes care of them. hie do not 6 ive her any assisb-mce and she doesn't allow the children to come to me and I don't speak \·Jith i1er. 'l'here is a 4th daughter who's mother under f!!e• 3 .• I tobl{ to Court only one letter.· the other lette_r came from • . . . . I don't know <where .Sgd: KoMoMo Sambo, HM 1?/8/2000 ;\nna l~.J~~hi:- There are some money 0t i; he D/Court which I st~pped further payments .Shs. 7,134,650/:: which came from the Headquoter of 'TPDF o OFJ)FP.; - Judgement on 25/8/2@. Sgd: K.M • .Sambo, RM •6/8/!000 Sgd: K.M.M Sambo., RM 16~/2000" ..... 31.