maria lazaro nanyaro alias sikuyamungu eliya adamu wa p ili vsirene haaland monica muezenze and ritta w ainaina vs 2018 tzhc 2593 22 october 2018
The publication of citation by the Registrar without a Judge's order is a trivial irregularity that does not affect the validity of proceedings as the objective of notifying interested parties is achieved.
Source-derived case information.
- Citation
- maria lazaro nanyaro alias sikuyamungu eliya adamu wa p ili vsirene haaland monica muezenze and ritta w ainaina vs 2018 tzhc 2593 22 october 2018
- Parties
- Appellant: Maria Lazaro Nanyaro alias Sikuyamungu Eliya Adamu Wa Pili; Respondent: Irene Haaland; Respondent: Monica Muezenze; Respondent: Ritta Waina Waina; Applicant's Advocate: Andrew Akyoo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 October 2018
- Procedural Posture
- Probate Administration Cause / Ruling on Procedural Irregularity and Grant of Letters of Administration
- Outcome
- Letters of administration granted
- Legal Topics
- Letters of Administration, Procedural Irregularity, Citation Publication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Lazaro Nanyaro alias Sikuyamungu Eliya Adamu Wa Pili
Appellant
Irene Haaland
Respondent
Monica Muezenze
Respondent
Ritta Waina Waina
Respondent
Andrew Akyoo
Applicant's Advocate
Procedural Posture
Probate Administration Cause / Ruling on Procedural Irregularity and Grant of Letters of Administration
Legal Issues
- 1 Whether issuance of citation by Registrar without Judge's order invalidates proceedings
Ratio Decidendi
The publication of citation by the Registrar without a Judge's order is a trivial irregularity that does not affect the validity of proceedings as the objective of notifying interested parties is achieved.
Court Disposition
Letters of administration granted
Orders
- Letters of administration in respect of the deceased estate of Maria Lazaro Nanyaro alias Sikuyamungu Eliya Adamu Wa Pili be granted.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA DISTRICT REGISTRY) AT ARUSHA PROBATE ADMINISTRATION CAUSE NO. 18 OF 2018 IN THE MATTER OF THELATE ESTATE MARIA LAZARO NANYARO ALIAS SIKUYAMUNGU ELIYA ADAMU WA P I L I ................. APPELLANT VERSUS IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY IRENE HAALAND , MONICA MUEZENZE AND RITTA W A IN A IN A ..............................................RESPONDENT RULING BEFORE: I. MAIGE, 3 When this matter came for necessary orders on 10.09.2018, the petitioner appeared through his advocate one Andrew Akyoo. I requested the counsel to address me on whether it was proper for the Honourable Registrar to issue a citation without there being an order of the presiding Judge to that effect. While admitting that it was not, in terms of section 73 of the Probate and Administration of the Estes Act, the counsel was of humble view that the irregularity was too trivial as to affect the substantial validity of the proceedings. I have considered the submissions by the counsel for the petitioner and with respect, I agree with him thatthe publication of the citation by the Hon Registrar in the absence of the order from the presiding Judge to that effect is a mere trivial irregularity which does not affect the substantial validity of the proceedings. The reason being that the overriding policy objective behind the citation is to notify the interested parties and the public at large of the institution of the proceedings. The objective, I agree with the counsel, is met when the publication is made. For that reason therefore, I am satisfied myself that the proceedings before me are competent notwithstanding the defect pointed out above. I. MAIGE JUDGE 22/ 10/2018 2 Mr. Akyoo: My Lord, we therefore pray that the letters of administration JUDGE 22/ 10/2018 Order: There being no caveat despite the expiry of the citation period, let letters of administration in respect of the deceased estate of the late MARIA LAZARO NANYARO AUEAS-SUSUYAMUNGU ELIYA ADAMU WA PI LI be granted. I. MAIGE JUDGE 22/ 10/2018 3