20060215 TZHC Dar es Salaam

20060215 TZHC Dar es Salaam

The preliminary objection is overruled because the affidavit in support of the fresh application is not defective, the applicants had leave to file a fresh application upon withdrawal of the original, and the objection lacks legal basis.

Citation
20060215 TZHC Dar es Salaam
Parties
Applicants: Daudi Mahende Kichonge Rhobi Mniko & 8 Others; Respondent: Daudi Mahende Kichonge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2006
Procedural Posture
Probate & Administration Cause / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs
Legal Topics
Revocation of Letters of Administration, Preliminary Objection, Affidavit Defects, Leave to File Fresh Application
Source Language
English
Probate Civil Procedure Revocation of Letters of Administration Preliminary Objection Affidavit Defects Leave to File Fresh Application

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Parties

Daudi Mahende Kichonge Rhobi Mniko & 8 Others

Applicants

Daudi Mahende Kichonge

Respondent

Procedural Posture

Probate & Administration Cause / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the preliminary objection against the fresh application for revocation of letters of administration is valid
  2. 2 Whether the affidavit in support of the fresh application is defective
  3. 3 Whether the applicants had leave to file a fresh application after withdrawal

Ratio Decidendi

The preliminary objection is overruled because the affidavit in support of the fresh application is not defective, the applicants had leave to file a fresh application upon withdrawal of the original, and the objection lacks legal basis.

Court Disposition

Preliminary objection overruled with costs

Orders

  • Preliminary objection dismissed
  • Respondent to pay costs