20151222 TZHC Arusha

20151222 TZHC Arusha

The application for revision was time barred and thus incompetent; even if timely, no illegality or impropriety was shown in the primary court's decision; appeal dismissed for lack of merit.

Citation
20151222 TZHC Arusha
Parties
Appellant: Loiruki John Nicodemus; Appellant: Modest John Nicodemus; Respondent: Elirehema Lebayo Mollel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 2015
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Letters of Administration, Distribution of Estate, Customary Law, Limitation Period, Revision Proceedings
Source Language
English
Probate Succession Civil Procedure Letters of Administration Distribution of Estate Customary Law Limitation Period Revision Proceedings

Case Brief

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Parties

Loiruki John Nicodemus

Appellant

Modest John Nicodemus

Appellant

Elirehema Lebayo Mollel

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants were entitled to inherit the deceased's estate under Waarusha customary law
  2. 2 Whether the District Court revision was competent given the limitation period
  3. 3 Whether the respondent's appointment and distribution of estate was proper

Ratio Decidendi

The application for revision was time barred and thus incompetent; even if timely, no illegality or impropriety was shown in the primary court's decision; appeal dismissed for lack of merit.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs as it emanated from an incompetent application for revision before the District Court which was time barred.