makene vs makene 2005 tzhc 21 4 march 2005

makene vs makene 2005 tzhc 21 4 march 2005

The High Court has jurisdiction to hear the application because the notice of appeal is deemed withdrawn under Rule 84 of the Tanzania Court of Appeal Rules, 1979, and there is no longer any matter pending in the Court of Appeal.

Citation
makene vs makene 2005 tzhc 21 4 march 2005
Parties
Applicant: Doris Rose Makene; Respondent: Jonia Kengeli Makene
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 2005
Procedural Posture
Probate and Administration Cause / Preliminary Objection Ruling
Outcome
Preliminary objection dismissed
Legal Topics
Jurisdiction, Revocation of Grant of Letters of Administration, Withdrawal of Notice of Appeal, Res Judicata
Source Language
English
Probate Civil Procedure Jurisdiction Revocation of Grant of Letters of Administration Withdrawal of Notice of Appeal Res Judicata

Case Brief

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Parties

Doris Rose Makene

Applicant

Jonia Kengeli Makene

Respondent

Procedural Posture

Probate and Administration Cause / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear the application for revocation of grant of letters of administration when a notice of appeal had been filed in the Court of Appeal
  2. 2 Whether the matters raised are res judicata

Ratio Decidendi

The High Court has jurisdiction to hear the application because the notice of appeal is deemed withdrawn under Rule 84 of the Tanzania Court of Appeal Rules, 1979, and there is no longer any matter pending in the Court of Appeal.

Court Disposition

Preliminary objection dismissed

Orders

  • Each party to bear its own costs