SIMBA RAJABU ZUBERI MISC

The letters of administration contained an erroneous reference to the originating case number. The court found that the error was inadvertent and that Section 48 of the PAEA empowers the court to rectify such errors. The application was meritorious and the rectification was ordered.

Citation: SIMBA RAJABU ZUBERI MISC
Parties: Applicant: Simba Rajabu Zuberi; Co Administrator: Namana Zuberi Rajabu; Co Administrator: Asha Zuberi Rajabu; Deceased: Zuberi Rajabu Sudi (deceased)
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Rectification of Letters of Administration
Outcome: Application allowed
Legal Topics: Rectification of Grant, Letters of Administration, Wrong Citation, Judicial Powers to Amend Errors
Source Language: English

Probate Civil Procedure Rectification of Grant Letters of Administration Wrong Citation Judicial Powers to Amend Errors

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 2 Authorities cited 4 Party arguments 2

Parties

Simba Rajabu Zuberi

Applicant

Namana Zuberi Rajabu

Co Administrator

Asha Zuberi Rajabu

Co Administrator

Zuberi Rajabu Sudi (deceased)

Deceased

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Rectification of Letters of Administration

Legal Issues

1 Whether the letters of administration should be rectified to correct the erroneous reference to the case number

Ratio Decidendi

Court Disposition

Application allowed

Orders

Letters of administration granted to Simba Rajabu Zuberi, Namana Zuberi Rajabu, and Asha Zuberi Rajabu to be rectified to refer to Probate and Administration Cause No. 19 of 2015.
No order as to costs.