RULING JOHN MAKANJI MWANKOLE print

RULING JOHN MAKANJI MWANKOLE print

The order appointing the first respondent as administrator of the estate is non-executable as it does not grant any right to a party; therefore, the application for stay of execution is misconceived and must be struck out.

Citation
RULING JOHN MAKANJI MWANKOLE print
Parties
Applicant: John Makanji Mwankole; 1st Respondent: Kibeti Mwanjoka; 2nd Respondent: Fagio Brokers & Auctioneers Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2004
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application struck out
Legal Topics
Stay of Execution, Executability of Probate Orders, Letters of Administration
Source Language
English
Civil Procedure Probate and Administration Stay of Execution Executability of Probate Orders Letters of Administration

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Parties

John Makanji Mwankole

Applicant

Kibeti Mwanjoka

1st Respondent

Fagio Brokers & Auctioneers Co. Ltd

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a probate order appointing an administrator is executable and subject to stay of execution
  2. 2 Whether the applicant is entitled to a stay of execution pending appeal

Ratio Decidendi

The order appointing the first respondent as administrator of the estate is non-executable as it does not grant any right to a party; therefore, the application for stay of execution is misconceived and must be struck out.

Court Disposition

Application struck out

Orders

  • Application for stay of execution is struck out
  • No order as to costs