meet singh bhachu vs the administrator general another 2021 tzhc 2764 26 february 2021

meet singh bhachu vs the administrator general another 2021 tzhc 2764 26 february 2021

The court is functus officio after discharging the administrator and closing the probate case; the application was filed outside the prescribed sixty-day limitation period; the application is not bad in law for being omnibus as all prayers are under the same provision; the court was not properly moved as the applicant did not meet the threshold for review under section 43 of the Administrator General Act.

Citation
meet singh bhachu vs the administrator general another 2021 tzhc 2764 26 february 2021
Parties
Applicant: Meet Singh Bhachu; 1st Respondent: The Administrator General; 2nd Respondent: Gurmit Singh Bhachu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 February 2021
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objections
Outcome
Application struck out
Legal Topics
Functus Officio, Limitation of Actions, Omnibus Applications, Jurisdiction, Review of Accounts
Source Language
English
Civil Procedure Probate and Administration Functus Officio Limitation of Actions Omnibus Applications Jurisdiction Review of Accounts

Case Brief

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Parties

Meet Singh Bhachu

Applicant

The Administrator General

1st Respondent

Gurmit Singh Bhachu

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the court is functus officio to determine the application
  2. 2 Whether the court has been properly moved to determine the application
  3. 3 Whether the application is time barred

Ratio Decidendi

The court is functus officio after discharging the administrator and closing the probate case; the application was filed outside the prescribed sixty-day limitation period; the application is not bad in law for being omnibus as all prayers are under the same provision; the court was not properly moved as the applicant did not meet the threshold for review under section 43 of the Administrator General Act.

Court Disposition

Application struck out

Orders

  • No order as to costs
  • Right of appeal explained