luhata hassan hango v maulid hassan hango 2023 tzhc 17484 31 may 2023

luhata hassan hango v maulid hassan hango 2023 tzhc 17484 31 may 2023

The appeal is incompetent because it was filed in the name of a deceased person without an administrator of the estate as a party, rendering all proceedings and orders in the deceased's name a nullity.

Citation
luhata hassan hango v maulid hassan hango 2023 tzhc 17484 31 may 2023
Parties
Appellant: Lutaha Shilangonga; Respondent: Maulid Hassan Hango
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2023
Procedural Posture
Land Case Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Locus Standi, Legal Representation of Deceased, Administrator of Estate, Nullity of Proceedings
Source Language
English
Civil Land Probate Locus Standi Legal Representation of Deceased Administrator of Estate Nullity of Proceedings

Case Brief

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Parties

Lutaha Shilangonga

Appellant

Maulid Hassan Hango

Respondent

Procedural Posture

Land Case Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent when filed in the name of a deceased person without an administrator as a party

Ratio Decidendi

The appeal is incompetent because it was filed in the name of a deceased person without an administrator of the estate as a party, rendering all proceedings and orders in the deceased's name a nullity.

Court Disposition

appeal struck out

Orders

  • Preliminary objection sustained.
  • Appeal struck out for incompetence.