ali omari vs hamisi hamadi 2005 tzhc 224 18 april 2005

ali omari vs hamisi hamadi 2005 tzhc 224 18 april 2005

Despite the technical error in allowing an out-of-time application, the order requiring the appellant to vacate the house was lawful because the appellant was not the lawful administrator of the estate of Abdalla Juma, and the estate was separate from that of Joha Mikidadi.

Citation
ali omari vs hamisi hamadi 2005 tzhc 224 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 partly allowed and partly 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

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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 is the lawful administrator of House No.75 Plot No.91 Block G at Magomeni Kondoa Street

Ratio Decidendi

Despite the technical error in allowing an out-of-time application, the order requiring the appellant to vacate the house was lawful because the appellant was not the lawful administrator of the estate of Abdalla Juma, and the estate was separate from that of Joha Mikidadi.

Court Disposition

Appeal partly allowed and partly dismissed

Orders

  • Each party to bear its own costs