MISC

MISC

The applicant's request does not fall within the scope of rectification of errors as provided under section 48 of the Probate and Administration Act, since the names in the letters of administration match those in the petition and the use of different names by the deceased does not constitute an error. The application was based on a misapplication of the cited legal provisions and is therefore incompetent.

Citation
MISC
Parties
Applicant/administrator: Emmanuel John Mutaboyerwa; Deceased: Anicetus Joseph John Mutaboyerwa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Ex Parte Application to Amend Name in Letters of Administration
Outcome
Application dismissed
Legal Topics
Rectification of Grant, Amendment of Letters of Administration, Proper Citation of Enabling Provisions
Source Language
English
Probate and Administration Rectification of Grant Amendment of Letters of Administration Proper Citation of Enabling Provisions

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Parties

Emmanuel John Mutaboyerwa

Applicant/administrator

Anicetus Joseph John Mutaboyerwa

Deceased

Procedural Posture

Miscellaneous Civil Application / Ruling on Ex Parte Application to Amend Name in Letters of Administration

Legal Issues

  1. 1 Whether the court can amend the name of the deceased in the letters of administration to include other names used interchangeably
  2. 2 Whether section 48 of the Probate and Administration Act and Rule 28(1) of the Probate Rules provide for such amendment

Ratio Decidendi

The applicant's request does not fall within the scope of rectification of errors as provided under section 48 of the Probate and Administration Act, since the names in the letters of administration match those in the petition and the use of different names by the deceased does not constitute an error. The application was based on a misapplication of the cited legal provisions and is therefore incompetent.

Court Disposition

Application dismissed

Orders

  • No order as to costs