19970423 TZHC Dar es Salaam

19970423 TZHC Dar es Salaam

The intended appeal does not raise an important point of law because the issue of ownership of the disputed property is not to be determined in probate proceedings but after the appointment of the administrator.

Citation
19970423 TZHC Dar es Salaam
Parties
Appellant: Shamsa Hassan; Respondent: Shabuka Rajabu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 April 1997
Procedural Posture
Civil Appeal / Application for Leave to Appeal Out of Time to the Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Letters of Administration, Ownership of Estate Property, Leave to Appeal, Jurisdiction of Primary Court
Source Language
English
Probate and Administration Civil Procedure Letters of Administration Ownership of Estate Property Leave to Appeal Jurisdiction of Primary Court

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Parties

Shamsa Hassan

Appellant

Shabuka Rajabu

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal Out of Time to the Court of Appeal

Legal Issues

  1. 1 Whether the issue of ownership of the disputed houses should have been determined in probate proceedings
  2. 2 Whether leave to appeal to the Court of Appeal should be granted on the basis of an important point of law

Ratio Decidendi

The intended appeal does not raise an important point of law because the issue of ownership of the disputed property is not to be determined in probate proceedings but after the appointment of the administrator.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal out of time is dismissed
  • Applicant to pay costs