francis davies william another vs leonard william 2007 tzhc 428 25 july 2007

francis davies william another vs leonard william 2007 tzhc 428 25 july 2007

The High Court cannot exercise revisionary powers under Section 44(1)(b) of the Magistrates’ Courts Act, 1984 in the absence of an error material to the merits involving injustice, as the appeals were dismissed for non-appearance and the Applicants did not seek re-admission as provided by law. The High Court also lacks jurisdiction to interfere with primary court probate appointments under the cited provision.

Citation
francis davies william another vs leonard william 2007 tzhc 428 25 july 2007
Parties
Applicant: Francis Davies William; Applicant: Ally Mashika; Respondent: Leonard William
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 July 2007
Procedural Posture
Civil Revision / Ruling
Outcome
Application for revision dismissed.
Legal Topics
Revision Jurisdiction, Dismissal for Non Appearance, Re Admission of Appeals, Jurisdiction of Primary Courts, Probate Administration
Source Language
English
Civil Procedure Probate and Administration Revision Jurisdiction Dismissal for Non Appearance Re Admission of Appeals Jurisdiction of Primary Courts Probate Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Francis Davies William

Applicant

Ally Mashika

Applicant

Leonard William

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the High Court can revise dismissal orders of Civil Appeals No. 57/2003 and 58/2003 under Section 44(1)(b) of the Magistrates’ Courts Act, 1984
  2. 2 Whether the High Court can order the dispute to start afresh before village and ward leaders
  3. 3 Whether the High Court can interfere with the appointment of the Respondent as administrator of the estate under Mirathi No. 14 of 2000

Ratio Decidendi

The High Court cannot exercise revisionary powers under Section 44(1)(b) of the Magistrates’ Courts Act, 1984 in the absence of an error material to the merits involving injustice, as the appeals were dismissed for non-appearance and the Applicants did not seek re-admission as provided by law. The High Court also lacks jurisdiction to interfere with primary court probate appointments under the cited provision.

Court Disposition

Application for revision dismissed.

Orders

  • No order as to costs.