rita alex maro vs emmanuel alex maro others 2018 tzhc 2440 13 november 2018

rita alex maro vs emmanuel alex maro others 2018 tzhc 2440 13 november 2018

The application is granted because the affidavit demonstrates an important point of law as to whether the High Court correctly applied the law in holding that the probate and administration proceeding at the trial court had already been closed when the application for revocation of the grant was being instituted.

Citation
rita alex maro vs emmanuel alex maro others 2018 tzhc 2440 13 november 2018
Parties
Applicant: Rita Alex Maro; 1st Respondent: Emmanuel Alex Maro; 2nd Respondent: Bruce Alex Maro; 3rd Respondent: Eva Alex Maro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 November 2018
Procedural Posture
Miscellaneous Civil Application / Application for Certification of Point of Law for Appeal
Outcome
Application granted with costs
Legal Topics
Certification of Point of Law, Appeals From Second Appeal, Probate Proceedings, Revocation of Grant of Letters of Administration
Source Language
English
Civil Procedure Probate and Administration Certification of Point of Law Appeals From Second Appeal Probate Proceedings Revocation of Grant of Letters of Administration

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Parties

Rita Alex Maro

Applicant

Emmanuel Alex Maro

1st Respondent

Bruce Alex Maro

2nd Respondent

Eva Alex Maro

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Application for Certification of Point of Law for Appeal

Legal Issues

  1. 1 Whether the High Court correctly applied the law in holding that the probate and administration proceeding at the trial court had already been closed when the application for revocation of the grant was being instituted

Ratio Decidendi

The application is granted because the affidavit demonstrates an important point of law as to whether the High Court correctly applied the law in holding that the probate and administration proceeding at the trial court had already been closed when the application for revocation of the grant was being instituted.

Court Disposition

Application granted with costs

Orders

  • Certification that a point of law exists justifying an appeal to the Court of Appeal
  • Costs awarded to the applicant