20190711 TZHC Dar es Salaam

20190711 TZHC Dar es Salaam

The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no objection from the caveator.

Citation
20190711 TZHC Dar es Salaam
Parties
Petitioner: James Nicholaus Mjunangoma; Petitioner: Agnes Nicholaus; Caveator: Tumaini Msechu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 July 2019
Procedural Posture
Probate and Administration Cause / Petition Withdrawn With Leave to Re File
Outcome
Petition withdrawn with leave to re-file
Legal Topics
Withdrawal of Petition, Letters of Administration, Implementation of Appellate Orders
Source Language
English
Probate Estate Administration Withdrawal of Petition Letters of Administration Implementation of Appellate Orders

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Parties

James Nicholaus Mjunangoma

Petitioner

Agnes Nicholaus

Petitioner

Tumaini Msechu

Caveator

Procedural Posture

Probate and Administration Cause / Petition Withdrawn With Leave to Re File

Legal Issues

  1. 1 Whether the petitioners have shown compliance with the District Court order for a fresh hearing in the Primary Court
  2. 2 Whether the petition for letters of administration can proceed in the absence of evidence of implementation of the District Court order

Ratio Decidendi

The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no objection from the caveator.

Court Disposition

Petition withdrawn with leave to re-file

Orders

  • Petition marked withdrawn with leave to re-file
  • No order as to costs