20160823 TZHC Arusha

20160823 TZHC Arusha

Sufficient cause was established for extension of time due to the illegality of closing probate without the administrator exhibiting inventory and accounts, which also denied the applicant the right to be heard. The court is obliged to address such illegality even if it requires extending time.

Citation
20160823 TZHC Arusha
Parties
Applicant: Mariam Steven Mrita; Deceased: Erasto Elisaria Msuya (deceased); Petitioner Advocate: Mr. Salim Mushi; Caveator Advocate: Mr. Nkya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 August 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Review of Court Orders, Probate Procedure, Right to Be Heard
Source Language
English
Probate and Administration Civil Procedure Extension of Time Review of Court Orders Probate Procedure Right to Be Heard

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Parties

Mariam Steven Mrita

Applicant

Erasto Elisaria Msuya (deceased)

Deceased

Mr. Salim Mushi

Petitioner Advocate

Mr. Nkya

Caveator Advocate

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause exists to extend time for filing an application for review of a probate order
  2. 2 Whether closure of probate without filing inventory and accounts was illegal

Ratio Decidendi

Sufficient cause was established for extension of time due to the illegality of closing probate without the administrator exhibiting inventory and accounts, which also denied the applicant the right to be heard. The court is obliged to address such illegality even if it requires extending time.

Court Disposition

Application allowed

Orders

  • Applicant to file application for review within 14 days from the date of ruling