20050629 TZCA Dar es Salaam

20050629 TZCA Dar es Salaam

The application for review is dismissed because the only issue before the Court was the appointment of administrators, and all other findings regarding legitimacy and inheritance were obiter dicta. There was no manifest error on the face of the record justifying review.

Citation
20050629 TZCA Dar es Salaam
Parties
Applicant: Mrs. Febronia Gasper Maro; Applicant: Evarist Gasper Maro; Respondent: Mrs Agnes Maro
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 June 2005
Procedural Posture
Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment
Outcome
Application dismissed with costs
Legal Topics
Letters of Administration, Probate Proceedings, Illegitimacy and Inheritance, Review of Judgment
Source Language
English
Family Law Succession Law Civil Procedure Letters of Administration Probate Proceedings Illegitimacy and Inheritance Review of Judgment

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Parties

Mrs. Febronia Gasper Maro

Applicant

Evarist Gasper Maro

Applicant

Mrs Agnes Maro

Respondent

Procedural Posture

Civil Application for Review / Ruling on Application for Review of Court of Appeal Judgment

Legal Issues

  1. 1 Whether there was a manifest error on the face of the record justifying review of the Court of Appeal's decision on appointment of administrators of the estate
  2. 2 Whether findings regarding legitimacy and inheritance rights of children born out of wedlock were necessary for the determination of the application for letters of administration

Ratio Decidendi

The application for review is dismissed because the only issue before the Court was the appointment of administrators, and all other findings regarding legitimacy and inheritance were obiter dicta. There was no manifest error on the face of the record justifying review.

Court Disposition

Application dismissed with costs

Orders

  • Appointment of two additional administrators, one by the appellants and one by the respondent, to be completed within two weeks of the ruling; defaulting party forfeits the right to appoint, resulting in only two administrators including the second applicant.
  • No right of objection to the appointee of another party.