The Respondent filed in the High Court Probate and Administration Cause No. 1 of 2010. The High Court granted her administration of the late O.S Mkuki estate. The Appellant was aggrieved by the foregoing order and preferred the present appeal. He preferred five-ground Memoranda of Appeal that: the Honourable Trial Judge erred both in law and in fact in holding that the Appellants appointment as an administrator of the estate of his late brother O.S. Mkuki was quashed by the District Court of Tabora; the Honourable trial Judge erred in law in holding that the appropriate law applicable is the Indian Succession Act and neither Islamic Law nor customary law was applicable; the Trial Judge misinterpreted the import of section 160 (1) (2) of the law of the Marriage Act 1in holding that as the Respondent and the deceased had cohabited for a long time (9 years) they were in a Civil partnership which resulted in a marriage by presumption; the judge erroneously appointed the Respondent as the Administratrix of the estate of the late yet she was a concubine.
A two-point preliminary objection was lodged by the Respondent. In the first, the Respondent stated that the appeal is time-barred. In the second limb, the Respondent complains that the notice of appeal is incurably defective for failure to indicate the month in which it was received by the Registrar.