20010110 TZHC Dar es Salaam

20010110 TZHC Dar es Salaam

The application for leave to appeal was dismissed because the court found that the issues raised were not points of law that would vitiate the decision or ruling, and had already been exhaustively and correctly addressed in prior rulings.

Citation
20010110 TZHC Dar es Salaam
Parties
Applicant: Administrator General; Respondent: Adam Athuman
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 January 2001
Procedural Posture
Misc. Civil Application / Application for Leave to Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Revocation of Grant of Letters of Administration, Ex Parte Judgment
Source Language
English
Civil Procedure Succession Leave to Appeal Revocation of Grant of Letters of Administration Ex Parte Judgment

Case Brief

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Parties

Administrator General

Applicant

Adam Athuman

Respondent

Procedural Posture

Misc. Civil Application / Application for Leave to Appeal

Legal Issues

  1. 1 Whether service upon the wife of the applicant under Order V Rule 15 was lawful
  2. 2 Whether in an ex parte hearing, the court is entitled to enter judgment automatically even where there is no evidence

Ratio Decidendi

The application for leave to appeal was dismissed because the court found that the issues raised were not points of law that would vitiate the decision or ruling, and had already been exhaustively and correctly addressed in prior rulings.

Court Disposition

Application dismissed with costs

Orders

  • Leave to appeal to the Court of Appeal is declined
  • Applicant to pay costs