19880329 TZHC Dar es Salaam

19880329 TZHC Dar es Salaam

Application for examination is essentially an objection to grant; time for entering caveat has expired; omission of heirs does not bar grant; surviving spouse is primarily entitled unless sufficient cause shown.

Citation
19880329 TZHC Dar es Salaam
Parties
Petitioner: Allana Chahami; Applicant: David Emmanuel Chahami
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 March 1988
Procedural Posture
Probate and Administration Cause / Ruling on Application for Examination of Petitioner
Outcome
Application refused
Legal Topics
Grant of Letters of Administration, Examination of Petitioner, Omission of Heirs, Caveat Procedure
Source Language
English
Probate Estate Administration Grant of Letters of Administration Examination of Petitioner Omission of Heirs Caveat Procedure

Case Brief

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Parties

Allana Chahami

Petitioner

David Emmanuel Chahami

Applicant

Procedural Posture

Probate and Administration Cause / Ruling on Application for Examination of Petitioner

Legal Issues

  1. 1 Whether the petitioner should be examined regarding her right to letters of administration
  2. 2 Whether omission of minor children disentitles petitioner from grant
  3. 3 Whether applicant's objection should have been made by caveat

Ratio Decidendi

Application for examination is essentially an objection to grant; time for entering caveat has expired; omission of heirs does not bar grant; surviving spouse is primarily entitled unless sufficient cause shown.

Court Disposition

Application refused

Orders

  • Costs granted to petitioner