The applicants claim to be the beneficiaries of the estate
of the deceased who died intestate on 6th May, 2006. Apart from
them, the deceased was survived by her brother, on whose behalf the second
Respondent was acting upon a power of attorney. Initially, the deceased’s
estate was administered by the deceased’s nephew but his appointment was
subsequently revoked on 9th October, 2009 by this Court in Civil
Appeal No. 51 of 2007. In his place the third Respondent was appointed.
Sometime in 2011, the first Respondent, acting as an attorney of
the said brother filed a special case against the third Respondent by way of a
plaint before the High Court of Tanzania at Dar es Salaam (Civil Case No. 1 of
2011) seeking a determination whether the said brother, a foreigner, could
inherit the deceased’s landed property in Tanzania. The High Court (Twaib, J.)
answered that question in the affirmative, that is, a foreigner could inherit
land in Tanzania, and went a step further by ordering the third Respondent to
bequeath the disputed property - Plot No. 648, Upanga, Dar es Salaam - to the
said brother or his duly appointed attorney.
The first Respondent is aggrieved by the aforesaid decision and
not being a party to that case he could obviously not appeal to this Court
against that decision. In the circumstances, he lodged Civil Application No.
138 of 2019 in this Court against the second and third Respondents seeking
extension of time to apply for revision of that decision. The said pending
application was due to be heard on 3rd June, 2019 but it was then
adjourned to 10th June, 2019 before it was finally adjourned to a
date to be fixed by the Registrar. The applicants herein seek to be joined as
Respondents in the pending application on the basis of their standing as
beneficiaries of the deceased’s estate as they are wary that their interests
are unprotected.