saada rashid vs abdallah rashid 2021 tzhc 2688 19 april 2021

saada rashid vs abdallah rashid 2021 tzhc 2688 19 april 2021

The trial court was functus officio after closing the probate and had no jurisdiction to re-open the cause or order re-distribution; the proper remedy for the appellant was to file a civil suit, not to seek re-opening of the closed probate.

Citation
saada rashid vs abdallah rashid 2021 tzhc 2688 19 april 2021
Parties
Appellant: Saada Rashid; Respondent: Abdalla Rashid
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 April 2021
Procedural Posture
Civil Appeal / Second Appeal (high Court)
Outcome
appeal dismissed
Legal Topics
Functus Officio, Re Opening Probate, Distribution of Estate, Remedies for Heirs
Source Language
English
Probate Civil Procedure Functus Officio Re Opening Probate Distribution of Estate Remedies for Heirs

Case Brief

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Parties

Saada Rashid

Appellant

Abdalla Rashid

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

  1. 1 Whether the primary court was legally justified to give an order for re-distribution of the deceased's estate after the probate had been closed

Ratio Decidendi

The trial court was functus officio after closing the probate and had no jurisdiction to re-open the cause or order re-distribution; the proper remedy for the appellant was to file a civil suit, not to seek re-opening of the closed probate.

Court Disposition

appeal dismissed

Orders

  • No order as to costs at any level
  • Right of appeal open