zainabu juma masoudadministratrix of the estate of the late hashim jawadu zubail vs amina josephat muganda 2021 tzhc 3536 31 may 2021

zainabu juma masoudadministratrix of the estate of the late hashim jawadu zubail vs amina josephat muganda 2021 tzhc 3536 31 may 2021

The application was dismissed because the points raised were factual rather than legal and thus not certifiable under S. 5(2)(c) of the Appellate Jurisdiction Act.

Source-derived case information.

Citation
zainabu juma masoudadministratrix of the estate of the late hashim jawadu zubail vs amina josephat muganda 2021 tzhc 3536 31 may 2021
Parties
Applicant: Zainabu Juma Masoud; Respondent: Amina Josephat Muganda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 May 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Certification of Points of Law
Outcome
Application dismissed with costs
Legal Topics
Certification of Points of Law, Appellate Procedure, Revision Vs. Appeal, Grant of Reliefs Not Sought, Burial Expenses Claims
Source Language
english
Civil Procedure Probate and Administration Certification of Points of Law Appellate Procedure Revision Vs. Appeal Grant of Reliefs Not Sought Burial Expenses Claims

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Parties

Zainabu Juma Masoud

Applicant

Amina Josephat Muganda

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certification of Points of Law

Legal Issues

  1. 1 Whether the court had powers to grant a relief not sought
  2. 2 Whether the court improperly entertained revision proceedings instead of an appeal
  3. 3 Whether the court was justified to award part of the estate without knowledge of Islamic law

Ratio Decidendi

The application was dismissed because the points raised were factual rather than legal and thus not certifiable under S. 5(2)(c) of the Appellate Jurisdiction Act.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondent