omari vs hamadi 2005 tzhc 23 18 april 2005

omari vs hamadi 2005 tzhc 23 18 april 2005

Although the District Court erred in allowing an application filed out of time, the order requiring the appellant to vacate the house was lawful because the appellant was not the lawful administrator of the estate to which the house belonged.

Citation
omari vs hamadi 2005 tzhc 23 18 april 2005
Parties
Appellant: Ali Omari; Respondent: Hamisi Hamadi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 April 2005
Procedural Posture
Civil Appeal / Judgment
Outcome
first ground of appeal allowed, second ground dismissed
Legal Topics
Extension of Time, Stay of Execution, Administration of Estates
Source Language
English
Civil Procedure Probate and Administration Extension of Time Stay of Execution Administration of Estates

Case Brief

Summary, issues, holding and outcome

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Parties

Ali Omari

Appellant

Hamisi Hamadi

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court erred in allowing an application filed out of time without leave
  2. 2 Whether the appellant was lawfully ordered to vacate House No.75 Plot No.91 Block G at Magomeni Kondoa Street

Ratio Decidendi

Although the District Court erred in allowing an application filed out of time, the order requiring the appellant to vacate the house was lawful because the appellant was not the lawful administrator of the estate to which the house belonged.

Court Disposition

first ground of appeal allowed, second ground dismissed

Orders

  • Each party to bear its own costs