asha msamala vs maria saidi 2016 tzhc 9 29 february 2016
The application was filed in the wrong court; only the Primary Court that granted the letters of administration has jurisdiction to entertain the application for revocation.
- Citation
- asha msamala vs maria saidi 2016 tzhc 9 29 february 2016
- Parties
- Applicant: Asha Msamala; Respondent: Maria Saidi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 February 2016
- Procedural Posture
- Miscellaneous Civil Application / Ruling
- Outcome
- application struck out
- Legal Topics
- Revocation of Letters of Administration, Jurisdiction, Limitation of Actions
- Source Language
- English
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 3 Authorities cited 2 Party arguments 2
Parties
Asha Msamala
Applicant
Maria Saidi
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling
Legal Issues
- 1 Whether the application for revocation of letters of administration was filed within the prescribed time limit
- 2 Whether the High Court is the proper forum for the application
Ratio Decidendi
The application was filed in the wrong court; only the Primary Court that granted the letters of administration has jurisdiction to entertain the application for revocation.
Court Disposition
application struck out
Orders
- Application struck out for being filed in the wrong court
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment