ali omari vs hamisi hamadi 2005 tzhc 94 18 april 2005

ali omari vs hamisi hamadi 2005 tzhc 94 18 april 2005

The District Court erred in allowing the application out of time without extension, but the order requiring the appellant to vacate the house was lawful as the appellant was not the administrator of Abdalla Juma's estate.

Citation
ali omari vs hamisi hamadi 2005 tzhc 94 18 april 2005
Parties
Appellant: Ali Omari; Respondent: Hamisi Hamadi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2005
Procedural Posture
PC Civil Appeal / Judgment
Outcome
Appeal partially allowed and partially dismissed
Legal Topics
Extension of Time, Administration of Estates, Stay of Execution
Source Language
English
Civil Procedure Probate Extension of Time Administration of Estates Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Ali Omari

Appellant

Hamisi Hamadi

Respondent

Procedural Posture

PC Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Misc. Civil Application No.26 of 2001 was properly allowed despite being filed out of time
  2. 2 Whether the appellant was lawfully ordered to vacate House No.75 Plot No.91 Block G at Magomeni Kondoa Street

Ratio Decidendi

The District Court erred in allowing the application out of time without extension, but the order requiring the appellant to vacate the house was lawful as the appellant was not the administrator of Abdalla Juma's estate.

Court Disposition

Appeal partially allowed and partially dismissed

Orders

  • Each party to bear its own costs