The Petitioner/Defendant, Salima Moshi Athumani petitioned in
the High Court for a grant of letters of administration of the estate of her
late father Moshi Athumani Kirowarowa in respect of the house on Plot No. 19
Block 25 Mwananyamala, Kinonodoni, Dar es Salaam. The Petitioner/Defendant
claims further that the deceased professed Islam and at the time of his death,
he had a fixed place of abode at the said house. The Caveator/Plaintiff, Asha
Kimolo @ Mary Njoka lodged a caveat claiming that she is the lawful widow of
the late deceased. The Caveator claims further that the Petitioner is not fit
to administer the deceased’s estate and that the disputed house on Plot Number
19 Block 25 Mwananyamala was the objector’s personal house, which was
bequeathed to her by way of will by her late husband. The signature of the
deceased affixed on the will of the deceased compared it with hand writing on
letter and other signature of the deceased appearing on the Certificate of
Marriage and the one affixed on the passport of the deceased have some marked
differences. In establishing her marital status, the Caveator tendered in Court
a Certificate of Marriage which contained the signature of the deceased. The
signature was different from the other documents. No evidence was tendered to
show if the person in the presence of whom the alleged marriage was celebrated
was a kadhi and whether he is the one who registered it. The High Court
considered the matters raised and also its jurisdiction.