20070619 TZHC MWANZA

20070619 TZHC MWANZA

The applicant, being a divorced wife, is a stranger to the estate and lacks locus standi to maintain the application in her own right. If acting for her children, she must prove parentage and bring the application as next friend. The application is unsustainable at law and is dismissed with costs.

Citation
20070619 TZHC MWANZA
Parties
Applicant: Sofia Salvatory; Respondent: Mrs. Juliana Barongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revocation of Grant of Letters of Administration
Outcome
Application dismissed with costs.
Legal Topics
Revocation of Grant, Locus Standi, Beneficial Entitlement, Next Friend Representation
Source Language
English
Probate and Administration Revocation of Grant Locus Standi Beneficial Entitlement Next Friend Representation

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Parties

Sofia Salvatory

Applicant

Mrs. Juliana Barongo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Revocation of Grant of Letters of Administration

Legal Issues

  1. 1 Whether the applicant has locus standi to seek revocation of the grant of letters of administration
  2. 2 Whether the applicant can maintain the application in her own right or on behalf of her children

Ratio Decidendi

The applicant, being a divorced wife, is a stranger to the estate and lacks locus standi to maintain the application in her own right. If acting for her children, she must prove parentage and bring the application as next friend. The application is unsustainable at law and is dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed with costs.