revenanth eliawory meena vs albert eliaworry meena another 2017 tzca 135 22 may 2017

revenanth eliawory meena vs albert eliaworry meena another 2017 tzca 135 22 may 2017

The proceedings after the entry of caveat by the applicant were a nullity due to failure to comply with mandatory procedures for citation and appearance as prescribed by law. The omission to issue citation to the caveator invalidated all subsequent proceedings.

Citation
revenanth eliawory meena vs albert eliaworry meena another 2017 tzca 135 22 may 2017
Parties
Applicant: Revenanth Eliawory Meena; 1st Respondent: Albert Eliawory Meena; 2nd Respondent: Anneth Eliawory Meena
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 2017
Procedural Posture
Civil Revision / Ruling on Suo Motu Revision by Court of Appeal
Outcome
Application allowed. Proceedings quashed and set aside.
Legal Topics
Probate and Administration of Estates, Caveat Procedure, Procedural Irregularities, Jurisdiction, Contentious Probate Proceedings
Source Language
English
Probate Civil Procedure Probate and Administration of Estates Caveat Procedure Procedural Irregularities Jurisdiction Contentious Probate Proceedings

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Parties

Revenanth Eliawory Meena

Applicant

Albert Eliawory Meena

1st Respondent

Anneth Eliawory Meena

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Suo Motu Revision by Court of Appeal

Legal Issues

  1. 1 Whether there were procedural irregularities in the handling of the caveat and subsequent proceedings in Probate and Administration Cause No. 3 of 2015
  2. 2 Whether the proceedings after the entry of caveat were null and void for non-compliance with statutory requirements

Ratio Decidendi

The proceedings after the entry of caveat by the applicant were a nullity due to failure to comply with mandatory procedures for citation and appearance as prescribed by law. The omission to issue citation to the caveator invalidated all subsequent proceedings.

Court Disposition

Application allowed. Proceedings quashed and set aside.

Orders

  • All proceedings in Probate and Administration Cause No. 3 of 2015 after the entry of caveat on 11th November 2015 and all proceedings in Miscellaneous Civil Application No. 26 of 2016 are quashed and set aside.
  • Probate and Administration Cause No. 3 of 2015 is remitted to the trial court for continuation from the stage of caveat entry before another judge, in strict compliance with the law.