mcharo vs mshiu 2005 tzhc 63 8 november 2005

mcharo vs mshiu 2005 tzhc 63 8 november 2005

The District Court lacked jurisdiction to entertain the application for revocation of the administrator's appointment and to determine the marital status of the applicant and another; its proceedings and decisions are null and void.

Citation
mcharo vs mshiu 2005 tzhc 63 8 november 2005
Parties
Applicant: Christina A. Mcharo; Respondent: Raphael Mshiu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 November 2005
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
application allowed
Legal Topics
Revocation of Administrator, Jurisdiction, Nullity of Proceedings
Source Language
English
Probate and Administration Civil Procedure Revocation of Administrator Jurisdiction Nullity of Proceedings

Case Brief

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Parties

Christina A. Mcharo

Applicant

Raphael Mshiu

Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether the District Court had jurisdiction to entertain an application for revocation of administrator appointed by the Primary Court
  2. 2 Whether the District Court erred in determining the status of the applicant and another as widows without a proper suit or petition

Ratio Decidendi

The District Court lacked jurisdiction to entertain the application for revocation of the administrator's appointment and to determine the marital status of the applicant and another; its proceedings and decisions are null and void.

Court Disposition

application allowed

Orders

  • Proceedings and decisions of the District Court in Misc. Civil Cause No.7 of 2002 quashed as null and void
  • No order as to costs