Emmanuel Nkinda Mpina vs Mugha Mwigulu Nkinda
The first appellate court erred in awarding eight acres of land to the respondent, as this relief was not pleaded or proved, and the court has no power to distribute the estate; such power lies with the administrator. The probate was closed and the estate distributed. The appeal is allowed.
Source excerpt
- Distribution of deceased's estate
- Powers of appellate court
- Relief not prayed for
- Burden of proof in civil cases