Mshamu Issa vs Jummane (Misc. Civil Cause No. 21 of 1994) [1999] TZHC 489 (2 September 1999)

• ir-E HIGH COURT OF AAIA 1 -I LSAA CIVIL CAUSE 1'Ob2 ji ~ o 1viHAIJ ISSA AHIICANT VERSUS JUNMAr'E MHI . . RESPONDENT J U r G -. M . E AT ThE3t •'. Oi 22/10/92 the respoildeflt Jumarthe Mshamu was appointed the administrator of the estate of the late Omary.Mshamu The appellant Mhamu 1ssa appealed against that decision e.iaim of arnongest other grounds that the respondent was riot the son of the late Omary Mshamu. ThL t. Distrit court after hearing the appeal dismissed the sarre with t osts on 26/5/93. Mn. Maftaha èar'ned cnsel appearing for the present 'ipeilnt .f'led a notice of appeal on .15/6/93 It woid appe&r tht ThE,400 as fees were paid for copies Of .jüdgemit apd.proceEdings on 15/9/93 by Mr. Maftaha. A :b.squrnt aptl.ioatiofl to have the time for filing the :aea1 extended by this ciit Was granted • arid the ap1 fixod for heax.i;ng on meDtis.. The appellants main t:in to have the reponde nt as the administrator of the estate was tMt., the t'epndt was born ot of wedlock hence heould nt aliPy to act as such. Ac'ordIng to vifle terideed duri.ng trial., the re.spoider•t âs taken are of by his step mother, one m1na Sanadi vho ma&led the deceased in 1974. Amina is not the 'biological mother of the respondent. There ist.flo ëvIdnce that the resondent' s mothe.r:was legaliy marxie.d to the dec e ased Omari•. The rspóndent ws born in .Dodorna fld bi rLother lives in Dodoura. The respondent has however failed to satisfy thIs court married to the :deceasëd ,.. I , -1

2 Omary and if so when. He claimed in this court that as he was still young he wouldn't know whether he was legitimate or not. He stated in court that he was ta1en care of by Amina Samadi the stepmother. The appellant has stated in this court that under the Islamic Law the respondent cannot quaiy to act as an administrator, let alone as a beneficiary of the estate of his late father unless he was born in wedlock The onus to prove that the respondent was born of parents who were legally married is on the respondent himself. This he has not dutifully done, in the premises -- allow the appeal and revoke the appointmentof the respondent to act as the administrator of the estate of the deceased Ornary Mshamu. The appellant is appointed to act as the administrator. Delivered before A. G. BUBESHI - 2/9/99

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