azim alarakhia hooda vs kassamali habib khimji 2024 tzhc 666 28 february 2024
The application is granted as the respondent admits incapacity and the application is unopposed.
Source-derived case information.
- Citation
- azim alarakhia hooda vs kassamali habib khimji 2024 tzhc 666 28 february 2024
- Parties
- Applicant: Azim Allarakhia Hooda; Respondent: Kassamali Habib Khimji
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2024
- Procedural Posture
- Misc Civil Application / Ruling
- Outcome
- Application granted
- Legal Topics
- Revocation of Executorship, Incapacity Due to Old Age
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Azim Allarakhia Hooda
Applicant
Kassamali Habib Khimji
Respondent
Procedural Posture
Misc Civil Application / Ruling
Legal Issues
- 1 Whether the respondent should be removed as executor due to inability to discharge duties
Ratio Decidendi
The application is granted as the respondent admits incapacity and the application is unopposed.
Court Disposition
Application granted
Orders
- Previous orders of executorship granted to the respondent are revoked
Full Case Text
Judgment text and source record
1 paragraphs
IN THE UNITED REPUBLIC OF TANZANIA THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT PAR ES SALAAM MISC CIVIL APPLICATION NO. 426 OF 2023 (Originating from Probate and Administration Cause NO. 65 of 2014) AZIM ALARAKHIA HOODA (The Administrator of Deceased Estate of the late MAHEDIMOHAMED GUAMALI KAN JI.................... APPLICANT VERSUS KASSAMALI HABIB KHIMJI (The Administrator of Deceased Estate of the late MAHEDIMOHAMED GULAMALI KANJI............................ RESPONDENT RULING. This is an application by the applicant Azim Allarakhia Hooda seeking for revocation of the respondents (Kassamali Habib Khimji's) executorship in Probate and Administration cause No. 65 of 2014. The main reason advanced to support the application is that the respondent is unable to discharge his duties of excutorship due to old age. The respondent who has filed a counter affidavit is not resisting this application. In deed, he admits the inability to discharge that duty due to the old age. i The application has been supported by an affidavit affirmed by the applicant. Mr Laurent Ntanga, learned counsel, has expounded on the contents of the affidavit supporting the application. Having considered the material before me and the submission by the counsel for the applicant and after taking into account that the application has not been resisted, I find this application meritorious. Consequently, for the reasons advanced in the supporting affidavit which have been expounded by the applicant's learned counsel coupled with the fact that this application stands unopposed, I grant the application as prayed in the chamber summons. I order that the previous ordhs of executorship granted to the respondent is hereby revokec/XfD Sgd: W. Dyansobera JUDGE 28/2/2024 2