joyce nicodemus chuma vs samantha chuma the appointed administrator of the estate of the late veronica chuma and another 2021 tzhc 5494 30 july 2021

joyce nicodemus chuma vs samantha chuma the appointed administrator of the estate of the late veronica chuma and another 2021 tzhc 5494 30 july 2021

The applicant failed to account for each day of delay, and the alleged illegality regarding inheritance rights of illegitimate children is not apparent on the face of the record and is settled law in Tanzania; therefore, no sufficient cause for extension of time was shown.

Citation
joyce nicodemus chuma vs samantha chuma the appointed administrator of the estate of the late veronica chuma and another 2021 tzhc 5494 30 july 2021
Parties
Applicant: Joyce Nicodemus Chuma; 1st Respondent: Samantha Chuma (Administrator of the estate of the late Veronica Chuma); 2nd Respondent: Mwansiu Madenge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 July 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed
Legal Topics
Extension of Time, Illegitimate Children's Inheritance Rights, Res Judicata, Probate and Administration
Source Language
English
Civil Procedure Succession Law Extension of Time Illegitimate Children's Inheritance Rights Res Judicata Probate and Administration

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Parties

Joyce Nicodemus Chuma

Applicant

Samantha Chuma (Administrator of the estate of the late Veronica Chuma)

1st Respondent

Mwansiu Madenge

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to apply for certificate on point of law
  2. 2 Whether the alleged illegality in the decision is apparent on the face of record to warrant extension of time
  3. 3 Whether the application is barred by res judicata

Ratio Decidendi

The applicant failed to account for each day of delay, and the alleged illegality regarding inheritance rights of illegitimate children is not apparent on the face of the record and is settled law in Tanzania; therefore, no sufficient cause for extension of time was shown.

Court Disposition

Application dismissed

Orders

  • Each party to bear its own costs