reuben lubanga vs moza gilbert mushi and others 2023 tzca 246 12 may 2023

Errors in inventory not adjudicated upon by probate court cannot be subject of appeal or revision; extension of time would serve no purpose as ownership of property was not adjudicated.

Citation: reuben lubanga vs moza gilbert mushi and others 2023 tzca 246 12 may 2023
Parties: Applicant: Reuben Lubanga; 1st Respondent: Moza Gilbert Mushi; 2nd Respondent: Bach John Mkeu; 3rd Respondent: Loyce John Mkeu (Suing through power of Attorney by Billionaire Jonh Mkeu)
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 May 2023
Procedural Posture: Civil Application / Ruling on Application for Extension of Time
Outcome: Application dismissed with costs.
Legal Topics: Extension of Time, Revision, Right to Be Heard, Inventory of Estate
Source Language: English

Civil Procedure Probate and Administration Extension of Time Revision Right to Be Heard Inventory of Estate

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2

Parties

Reuben Lubanga

Applicant

Moza Gilbert Mushi

1st Respondent

Bach John Mkeu

2nd Respondent

Loyce John Mkeu (Suing through power of Attorney by Billionaire Jonh Mkeu)

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has shown good cause for extension of time to apply for revision
2 Whether denial of right to be heard and inclusion of property in inventory constitute illegality justifying extension

Ratio Decidendi

Errors in inventory not adjudicated upon by probate court cannot be subject of appeal or revision; extension of time would serve no purpose as ownership of property was not adjudicated.

Court Disposition

Application dismissed with costs.

Orders

Application for extension of time is dismissed with costs.