Tanzania Case Law

t AISHA IBRAHIM KILANGI VS

Court

TANZLII

The right to sue in this probate appeal did not survive the death of the donor of the power of attorney, as the claim was personal to the deceased beneficiary and not of a nature that could be continued by a legal representative. The District Court was correct to halt proceedings, but the proper order was abatement, not dismissal.

Source excerpt

• Revocation of letters of administration
• Survival of right to sue after death
• Power of attorney in probate proceedings
• Abatement of proceedings

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ocr tanzlii Mwai DIANA MAKILULI

Court

TANZLII

Where parties have been fully heard in a matrimonial cause and only judgment remains, the death of a party before judgment does not abate the proceedings; the court may proceed to deliver judgment under Order XXII Rule 6 of the Civil Procedure Code, which is applicable in matrimonial matters where the Law of Marriage Act is silent.

Source excerpt

• Divorce
• Abatement of proceedings
• Effect of death on matrimonial proceedings
• Application of civil procedure code in matrimonial matters

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jonas samson ndawavya vs theresia thomas madaha 2023 tzca 17801 8 november 2023

Court

TZCA

The Court of Appeal of Tanzania allowed an application to join Jonas Samson Ndawavya as legal representative of the deceased respondent in a review application.

• Joinder of parties
• Locus standi
• Administrator of estate
• Abatement of proceedings
• Joinder-of-parties
• Locus-standi

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hemed said amri vs ally amri said others 2023 tzca 17294 2 june 2023

Court

TZCA

The High Court's ruling striking out Misc. Land Application No. 97 of 2015 was erroneous because the applicant had obtained an extension of time, but failed to exhibit the order. Procedural fairness requires parties to be fully heard and relevant information to be disclosed. The subsequent applications became moot as the original order was based on a mistaken assumption.

Source excerpt

• Extension of time
• Leave to appeal
• Abatement of proceedings
• Revision
• Procedural fairness

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rukia mohamed kaira an administratrix of the estate of the late mohamed kaira vs jumanne ally kweji as administrator of the estate of the late ibrahimu salimu hoti 202

Court

TZHC

The tribunal's proceedings and orders from 19/4/2022 were a nullity due to failure to join the deceased's legal representative; revision is warranted and the matter must be remitted for proper hearing.

Source excerpt

• Joinder of parties
• Abatement of proceedings
• Revision of tribunal orders

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Rukia

Court

TANZLII

The District Court erred by conducting two separate proceedings and by applying the procedure for unadministered assets without evidence that the late administrator had discharged his duties. The correct procedure was to continue the hearing from the stage where the caveator entered appearance, allowing for a counter affidavit and framing of issues. The District Court's decision was set aside and the matter remanded for proper hearing.

Source excerpt

• Revocation of letters of administration
• Jurisdiction of district court
• Procedure in contentious probate matters
• Unadministered assets
• Abatement of proceedings

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gasper vitalis luanda vs isack mahulu 2022 tzhc 14663 17 november 2022

Court

TZHC

The High Court struck out an application for extension of time because it was filed against a deceased respondent without substituting the legal representative.

• Extension of time
• Substitution of parties
• Abatement of proceedings
• Civil-procedure
• Substitution-of-parties
• Abatement-of-proceedings

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uthmaan madati administrator of the estate of the late juma posanyi madati vs tatu o farahani another 2022 tzhclandd 12530 28 october 2022

Court

TANZLII

Applicant failed to advance sufficient reasons for delay in applying for substitution as legal representative within statutory period; court dismissed application to set aside abatement order.

Source excerpt

• Abatement of proceedings
• Substitution of parties
• Legal representative
• Extension of time

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mande so manyanya vs republic 2020 tzca 1910 17 december 2020

Court

TZCA

The Court of Appeal nullified a murder conviction after finding the trial was vitiated by confusion over a deceased co-accused and defective amendment of the Information.

• Murder
• Procedural irregularity
• Abatement of proceedings
• Amendment of information
• Criminal-law
• Procedural-irregularity

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republic vs godfrey athanase majuto others 2019 tzhc 2126 7 january 2019

Court

TZHC

The High Court quashed the conviction and sentence of a deceased accused, holding the trial proceedings void to that extent, while leaving the other convictions intact.

• Revision
• Abatement of proceedings
• Conviction of deceased
• Irregularity in trial
• Criminal-revision
• Abatement-of-proceedings

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