19851008 TZCA Dar es Salaam

19851008 TZCA Dar es Salaam

The application was not in the nature of a suit but a request for directions; the ruling was an order, not a decree, and as no leave to appeal was obtained, the appeal is incompetent.

Citation
19851008 TZCA Dar es Salaam
Parties
Appellant: Hussein Ali Kasweswe; Respondent: Mzee Hamisi Kasweswe; Appellant: Ashura Ali Kasweswe; Appellant: Zuena Hamisi Kasweswe; Interested Party: Purchasers
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 October 1985
Procedural Posture
Civil Appeal / Appeal From High Court Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Powers of Administrator, Leave to Appeal, Sale of Estate Property
Source Language
English
Probate and Administration Civil Procedure Powers of Administrator Leave to Appeal Sale of Estate Property

Case Brief

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Parties

Hussein Ali Kasweswe

Appellant

Mzee Hamisi Kasweswe

Respondent

Ashura Ali Kasweswe

Appellant

Zuena Hamisi Kasweswe

Appellant

Purchasers

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court Ruling

Legal Issues

  1. 1 Whether the sale of estate property by a single administrator was valid
  2. 2 Whether leave to appeal was required for the ruling

Ratio Decidendi

The application was not in the nature of a suit but a request for directions; the ruling was an order, not a decree, and as no leave to appeal was obtained, the appeal is incompetent.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out with costs