jonas samson ndawavya vs theresia thomas madaha 2023 tzca 17801 8 november 2023
The applicant is recognized as the legally appointed administrator of the estate of the late Paulina Samson Ndawavya, based on prior Court decisions and respondent's own admissions, and is entitled to be joined as a party in Civil Application No. 31/08 of 2023.
- Citation
- jonas samson ndawavya vs theresia thomas madaha 2023 tzca 17801 8 november 2023
- Parties
- Applicant: Jonas Samson Ndawavya; Respondent: Theresia Thomas Madaha
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 November 2023
- Procedural Posture
- Civil Application / Ruling on Application to Be Joined as Party
- Outcome
- application allowed
- Legal Topics
- Joinder of Parties, Locus Standi, Administrator of Estate, Abatement of Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jonas Samson Ndawavya
Applicant
Theresia Thomas Madaha
Respondent
Procedural Posture
Civil Application / Ruling on Application to Be Joined as Party
Legal Issues
- 1 Whether the applicant is the legally appointed administrator of the estate of the late Paulina Samson Ndawavya
- 2 Whether the applicant has locus standi to be joined as a party in Civil Application No. 31/08 of 2023
Ratio Decidendi
The applicant is recognized as the legally appointed administrator of the estate of the late Paulina Samson Ndawavya, based on prior Court decisions and respondent's own admissions, and is entitled to be joined as a party in Civil Application No. 31/08 of 2023.
Court Disposition
application allowed
Orders
- Applicant Jonas Samson Ndawavya is joined as a party in Civil Application No. 31/08 of 2023 in place of Paulina Samson Ndawavya.
- Costs to abide outcome of main application Civil Application No. 31/08 of 2023.
Full Case Text
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