cosmas thomas makwasinga vs jackline deokalyus makwasinga 2014 tzhc 2186 8 october 2014

cosmas thomas makwasinga vs jackline deokalyus makwasinga 2014 tzhc 2186 8 october 2014

The integrity of the judicial process was compromised by failure to notify the applicant of the transfer and subsequent proceedings, and the appointment of the Respondent as administrator was procedurally irregular. The application for revision is supported.

Citation
cosmas thomas makwasinga vs jackline deokalyus makwasinga 2014 tzhc 2186 8 october 2014
Parties
Applicant: Cosmas Thomas Makwasinga; Respondent: Jackline Deokalyus Makwasinga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 October 2014
Procedural Posture
Civil Revision / Ruling
Outcome
Application for revision supported; proceedings and appointment of Respondent as administrator found irregular.
Legal Topics
Administration of Estates, Validity of Will, Appointment of Administrator, Marital Status, Procedural Irregularity
Source Language
English
Probate Family Law Administration of Estates Validity of Will Appointment of Administrator Marital Status Procedural Irregularity

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Parties

Cosmas Thomas Makwasinga

Applicant

Jackline Deokalyus Makwasinga

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the Kinondoni District Court erred in granting letters of administration to the Respondent
  2. 2 Validity of the deceased's will
  3. 3 Proper appointment of estate administrator

Ratio Decidendi

The integrity of the judicial process was compromised by failure to notify the applicant of the transfer and subsequent proceedings, and the appointment of the Respondent as administrator was procedurally irregular. The application for revision is supported.

Court Disposition

Application for revision supported; proceedings and appointment of Respondent as administrator found irregular.

Orders

  • Probate Cause No. 11 of 2013 proceedings at Kinondoni District Court are revised.
  • Initiated proceedings in the Primary Court to be completed.