hamidu mpanga misinga and another vs abdallah nassoro misinga and another 2020 tzhc 1535 30 july 2020

District Court lacked jurisdiction to revoke letters of administration granted by Kariakoo Primary Court; only the court that granted probate has authority to revoke.

Citation: hamidu mpanga misinga and another vs abdallah nassoro misinga and another 2020 tzhc 1535 30 july 2020
Parties: Appellant: Hamidu Mpanga Misinga; Appellant: Feruzi Nassoro Misinga; Respondent: Abdallah Nassoro Misinga; Respondent: Sabrina Hashim Haji
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 July 2020
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Preliminary Objection, Res Judicata, Jurisdiction, Probate and Administration
Source Language: English

Civil Procedure Probate Law Preliminary Objection Res Judicata Jurisdiction Probate and Administration

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Parties

Hamidu Mpanga Misinga

Appellant

Feruzi Nassoro Misinga

Appellant

Abdallah Nassoro Misinga

Respondent

Sabrina Hashim Haji

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether failure to reply to preliminary objection amounts to concession
2 Whether District Court had jurisdiction to revoke letters of administration
3 Whether the matter was res judicata

Ratio Decidendi

District Court lacked jurisdiction to revoke letters of administration granted by Kariakoo Primary Court; only the court that granted probate has authority to revoke.

Court Disposition

appeal dismissed

Orders

no orders as to costs