Hafsa Ally Makundi vs
The primary court had jurisdiction to determine the ownership dispute as part of the probate proceedings, following the High Court's directives and established legal precedent. All grounds of objection were addressed by the lower courts, and the issue of revocation of the administrator had already been determined and dismissed by the High Court. The right to be heard was not violated as the appellant herself requested written submissions, which are legally equivalent to oral hearings. There is no statutory time limit for filing probate applications in primary courts, and the appellant failed…
Source excerpt
- Jurisdiction of probate courts
- Appointment and revocation of administrators
- Right to be heard
- Timeliness of probate applications
- Ownership disputes in probate
- Procedure for written submissions