20190711 TZHC Dar es Salaam
- Citation
- 20190711 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 11 July 2019
- Posture
- Probate and Administration Cause / Petition Withdrawn With Leave to Re File
- Language
- English
More details
- Court
- TZHC
- Decision
- 11 July 2019
- Posture
- Probate and Administration Cause / Petition Withdrawn With Leave to Re File
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no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Petition withdrawn with leave to re-file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- Petition marked withdrawn with leave to re-file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
02
Material facts
Parties
James Nicholaus Mjunangoma
Petitioner Counsel: Victor KikwasiAgnes Nicholaus
Petitioner Counsel: Victor KikwasiTumaini Msechu
Caveator Counsel: Tumaini Msechu03
Procedural history
Posture
Probate and Administration Cause / Petition Withdrawn With Leave to Re File
04
Questions and positions
Legal issues
- 01
Whether the petitioners have shown compliance with the District Court order for a fresh hearing in the Primary Court
- 02
Whether the petition for letters of administration can proceed in the absence of evidence of implementation of the District Court order
Party arguments
- Applicant
- The petitioners seek to withdraw the petition with leave to re-file due to lack of evidence showing implementation of the District Court order by the Primary Court.
- Respondent
- The caveator does not object to the withdrawal of the petition with leave to re-file.
05
Court’s reasoning
Legal principles
- 01
Court Order
A petition may be withdrawn with leave to re-file where procedural requirements have not been met and there is no objection from the opposing party.
06
Ratio, limits and disposition
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The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no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Petition withdrawn with leave to re-file
- Petition marked withdrawn with leave to re-file
- No order as to costs
Source and reliance status
TZHC · 11 July 2019
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 11 July 2019
· IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY)
AT DAR ES SALAAM PROBATE AND ADMINSTRATION CAUSE NO. 57 OF 2018 In the matter administration of the Estate of the late JONES
NICHOLAUS MULINDA AND In the matter of Application for Letters of Administration by JAMES NICHOLAUS MJUNANGOMA and AGNES NICHOLAUS 11/07/2019 Coram Hon. Munisi, J For the Petitioner Victor Kikwasi For the Caveator Tumaini Msechu Court Clerk Neema Kikwasi: We are ready. Court: From toe Ruling of the District Court in Probate Appeal No. 21 of 2017, it appears that there is a pending matter before the Primary Court of Kawe as the District Court ordered the Probate to heard a fresh. In the application, there is no order to show how the District Court order was implemented by the trial Primary Court. The petition by the two petitioners hos not shown how the Kawe Primary Court dealt with the case. 1 . . Kikwasi: Madam J. under the circumstances, I pray to withdraw this petition with leave to re-file. Msechu: I hav.e no· objection to the prayer. 0 RD ER The prayer to withdraw the petition with leave to re-file is granted consequent of which the caveat crumbles. Accordingly, the petition is marked withdrawn with leave to re-file. No order as to costs is ma A. u Judg 11/07/2 19 2
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