20120327 TZHC Dar es Salaam

20120327 TZHC Dar es Salaam

The omission to annex the Will to the affidavit is not fatal in probate matters, as the court has discretion to allow its production later to ensure substantive justice. The application is stood over pending inquiry into the genuineness and validity of the alleged Will.

Citation
20120327 TZHC Dar es Salaam
Parties
Applicant: Gabriel Marcus Malangalila; Respondent: Louis Marcus Malangalila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 March 2012
Procedural Posture
Probate & Administration Cause / Interlocutory Application for Restraining Order Pending Revocation Proceedings
Outcome
Application stood over; interim orders issued.
Legal Topics
Letters of Administration, Validity of Will, Procedural Irregularities, Interim Relief
Source Language
English
Probate Succession Law Letters of Administration Validity of Will Procedural Irregularities Interim Relief

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Parties

Gabriel Marcus Malangalila

Applicant

Louis Marcus Malangalila

Respondent

Procedural Posture

Probate & Administration Cause / Interlocutory Application for Restraining Order Pending Revocation Proceedings

Legal Issues

  1. 1 Whether the Respondent's appointment as administrator should be restrained pending determination of the validity of the alleged Will
  2. 2 Whether failure to annex the Will to the affidavit is fatal to the application

Ratio Decidendi

The omission to annex the Will to the affidavit is not fatal in probate matters, as the court has discretion to allow its production later to ensure substantive justice. The application is stood over pending inquiry into the genuineness and validity of the alleged Will.

Court Disposition

Application stood over; interim orders issued.

Orders

  • Applicant to produce the original Will in court on a date to be fixed.
  • All parties and affidavit deponents to be summoned for cross-examination on a date to be fixed.