20070725 Moshi

20070725 Moshi

The High Court cannot revise the dismissal orders of the District Court made for non-appearance as there was no error material to the merits involving injustice; applicants had a remedy to apply for re-admission of appeals which they did not exercise. The High Court lacks jurisdiction to interfere with probate matters determined by the primary court or to order the dispute to start afresh before village and ward leaders.

Citation
20070725 Moshi
Parties
Applicant: Francis Davies William; Applicant: Ally Mashika; Respondent: Leonard William
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
25 July 2007
Procedural Posture
Civil Revision / Ruling
Outcome
Application dismissed
Legal Topics
Revision of Lower Court Decisions, Dismissal for Non Appearance, Jurisdiction of High Court, Probate Appointments, Remedies for Dismissed Appeals
Source Language
English
Civil Procedure Probate and Administration Revision of Lower Court Decisions Dismissal for Non Appearance Jurisdiction of High Court Probate Appointments Remedies for Dismissed Appeals

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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 for non-appearance 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 revise the dismissal orders of the District Court made for non-appearance as there was no error material to the merits involving injustice; applicants had a remedy to apply for re-admission of appeals which they did not exercise. The High Court lacks jurisdiction to interfere with probate matters determined by the primary court or to order the dispute to start afresh before village and ward leaders.

Court Disposition

Application dismissed