Tanzania Judgment

TZHC

20190711 TZHC Dar es Salaam

On this page

Professional case brief

Research organized from the available case record

Source document

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The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no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Petition withdrawn with leave to re-file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  • Petition marked withdrawn with leave to re-file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 Kikwasi

Agnes Nicholaus

Petitioner Counsel: Victor Kikwasi

Tumaini Msechu

Caveator Counsel: Tumaini Msechu

03

Procedural history

  1. Posture

    Probate and Administration Cause / Petition Withdrawn With Leave to Re File

04

Questions and positions

Legal issues

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

  1. 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    A petition may be withdrawn with leave to re-file where procedural requirements have not been met and there is no objection from the opposing party.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The petition is withdrawn with leave to re-file as there is no evidence that the District Court order for a fresh hearing in the Primary Court has been implemented, and there is no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Petition withdrawn with leave to re-file

  • Petition marked withdrawn with leave to re-file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

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 11 July 2019

20190711 TZHC Dar es Salaam

· 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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

No structured authorities are available for this judgment.

Refer to the full judgment and official source for citations that have not yet been extracted.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.