20120918 TZCA Mwanza

20120918 TZCA Mwanza

The High Court erred in appointing the Administrator-General as interim administrator under section 7(1)(a) of Cap 27 because the deceased left a Will and the application should have been made under Part VII of Cap 352. The proceedings and order of the High Court dated 27 June 2012 were therefore quashed as improper...

Source-derived case information.

Citation
20120918 TZCA Mwanza
Parties
Applicant: Mark Alexander Gaetje; Applicant: Hedda Heerdegen; Respondent: Brigitte Gaetje Defloor
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 September 2012
Procedural Posture
Civil Application for Revision / Ruling on Application for Revision of High Court Decision
Outcome
Application allowed; High Court proceedings and order quashed.
Legal Topics
Probate and Administration, Appointment of Administrator General, Jurisdiction of High Court, Procedural Irregularities
Source Language
english
Succession Law Civil Procedure Probate and Administration Appointment of Administrator General Jurisdiction of High Court Procedural Irregularities

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Summary, issues, holding and outcome

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Parties

Mark Alexander Gaetje

Applicant

Hedda Heerdegen

Applicant

Brigitte Gaetje Defloor

Respondent

Procedural Posture

Civil Application for Revision / Ruling on Application for Revision of High Court Decision

Legal Issues

  1. 1 Whether the High Court erred in appointing the Administrator-General as interim administrator under section 7(1)(a) of Cap 27 despite existence of a Will
  2. 2 Whether the proceedings in Application No. 28 of 2012 were tainted by procedural irregularities and denial of fair hearing
  3. 3 Whether the application should have been filed under Part VII of Cap 352

Ratio Decidendi

The High Court erred in appointing the Administrator-General as interim administrator under section 7(1)(a) of Cap 27 because the deceased left a Will and the application should have been made under Part VII of Cap 352. The proceedings and order of the High Court dated 27 June 2012 were therefore quashed as improper and irregular.

Court Disposition

Application allowed; High Court proceedings and order quashed.

Orders

  • All proceedings and order of the High Court dated 27 June 2012 in Application No. 28 of 2012 are quashed.
  • Any interested party must pursue the matter before the High Court under Part VII of Cap 352.