20050207 TZHC Dr es Salaam

20050207 TZHC Dr es Salaam

The appeal was incompetent as it was not accompanied by a copy of the order appealed against, and in any event, no appeal lies against interlocutory orders that do not finally determine the suit. The appellant also failed to prove his marriage to the deceased and thus lacked standing to be appointed administrator.

Citation
20050207 TZHC Dr es Salaam
Parties
Appellant/respondent: Mohamed Said Mayosa; Respondent/applicant: Albert Harison Mkisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal struck out
Legal Topics
Letters of Administration, Appointment of Administrator, Interlocutory Orders, Appeal Competence
Source Language
English
Succession Law Civil Procedure Letters of Administration Appointment of Administrator Interlocutory Orders Appeal Competence

Case Brief

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Parties

Mohamed Said Mayosa

Appellant/respondent

Albert Harison Mkisi

Respondent/applicant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was entitled to be appointed as administrator of the deceased's estate
  2. 2 Whether the appeal was competent in law given the procedural requirements
  3. 3 Whether an appeal lies against interlocutory orders under the amended Civil Procedure Code

Ratio Decidendi

The appeal was incompetent as it was not accompanied by a copy of the order appealed against, and in any event, no appeal lies against interlocutory orders that do not finally determine the suit. The appellant also failed to prove his marriage to the deceased and thus lacked standing to be appointed administrator.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for incompetence and lack of merit
  • Respondent awarded costs of the appeal