20180129 TZHC Arusha

20180129 TZHC Arusha

The trial court lawfully revoked the appellant's appointment as administratrix and appointed a neutral party, as the lack of trust between the parties constituted good and sufficient cause under the Magistrates' Courts Act. The District Court erred in nullifying the trial court's proceedings and ordering a retrial on the erroneous ground that the appellant was not heard, as the record showed she was present and heard.

Citation
20180129 TZHC Arusha
Parties
Appellant: Mariam Yesse; Respondent: Ruben Kisoli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 January 2018
Procedural Posture
PC Civil Appeal / Judgment on Second Appeal
Outcome
Appeal partly allowed and partly dismissed
Legal Topics
Revocation of Grant of Administration, Appointment of Administrator, Abuse of Court Process, Natural Justice
Source Language
English
Probate and Administration Civil Procedure Revocation of Grant of Administration Appointment of Administrator Abuse of Court Process Natural Justice

Case Brief

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Parties

Mariam Yesse

Appellant

Ruben Kisoli

Respondent

Procedural Posture

PC Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the revocation of the appellant's appointment as administratrix was lawful
  2. 2 Whether the District Court erred in ordering a retrial without sufficient reasons

Ratio Decidendi

The trial court lawfully revoked the appellant's appointment as administratrix and appointed a neutral party, as the lack of trust between the parties constituted good and sufficient cause under the Magistrates' Courts Act. The District Court erred in nullifying the trial court's proceedings and ordering a retrial on the erroneous ground that the appellant was not heard, as the record showed she was present and heard.

Court Disposition

Appeal partly allowed and partly dismissed

Orders

  • Order of retrial by District Court quashed and set aside
  • Decision of trial court revoking appellant's appointment as administratrix upheld