IN THE HIGH COURT OF TANZANIA
AT DAR ES SALAAM
(DAR ES SALAAM DISTRICT REGISTRY}
CIVIL REVISION NO. 24 OF 2016
LATE: HON. AMINA ABDALLAH AMOUR APPLICANT
VERSUS
ASIA a.k.a, !KUNDA MAMBO AND OTHERS RESPONDENT
27/11/2017 & 2/2/2018
RULING
KITUSI J.
Asha Ali Salum holds letters of administration of the estate of
Amina Abdallah Amour granted by the High Court of Zanzibar. In her
capacity as legal representative of Amina Abdallah Amour, Asha Ali
Salum has filed this application seeking that this court be pleased to
revise orders of Temeke District Court in Miscellaneous Civil
Application No. 140 of 2014.
The second respondent Omari Juma Mzee raised a point of
preliminary objection the gist of which is that the letters of
administration of the estate of Amina Abdallah Amour granted to the
applicant by the High Court of Zanzibar cannot take any effect within
this jurisdiction without the same being re- sealed. In support of this
· point, the said second respondent submitted in writing as earlier
ordered by the court, that his objection finds legitimacy in sections 4
1
and 94 of the Probate and Administration Act cap 352. He went on to
submit that the mandatory requirement for re- sealing of letters of
administration is provided by Rules 97 and 98 of the Probate Rules GN
No. 369 of 1963.
The other objection raised by the second respondent is that even
if the applicant had no problem with locus standi, this application would
be unmaintanable for the reason that the applicant has not exhausted
all remedies available to him at the trial court particularly an action
envisaged by order xxi Rule 62 of the Civil Procedure Code, Cap 33.
In response the applicant who enjoyed services of Mr. Adinan
Chitale learned advocate submitted through the said counsel that an
.•
application for revision may be made by any person who has an interest
in a case. He prayed that the preliminary objection be dismissed on the
ground that this application has nothing to do with the administration of
the estate of the deceased Amin Abdallah Amour.
The learned counsel justified the step taken by the applicant by
submitting that Amina Abdallah Amour could not have appealed because
she was not made a party in Misc. Civil Application No. 140 of 2014.
This matter should not unduly detain me as the powers of the Court
to revise a decision are statutory [Kilimanjaro Truck Co. Limited Vs
Damiana Lutu & Another Civil Revision No. 40 of 2015, High Court,
Dar es Salaam Registry (unreported)]. I shall confine myself to the point
of objection raised by the second respondent despite my doubt
2
regarding the cited provision of the law. The application has been made
under section 79(i) (c) of the Civil Procedure Code, Cap 33.
There is no dispute that Asha Ali Salum was not a party in the
proceedings before the lower court and that she is now (according to the
chamber summons) making this application in her capacity as an
administratrix of the estate of Amina Abdallah Amour who was a party
or ought to have been one. The second respondent's contention that
· Asha Ali Salum has no locus standi because her letters of administration
have not been re- sealed has been countered by an argument that there
is no need of re- sealing the letters because this matter is not about
administration of the estate of the deceased. With respect I am not only
unable to see Mr Chitale's point but I am surprised.
The application cites Asha Ali Salum as an adminstratrix of Amina
Abdallah Amour because it is a legal requirement under Order XXII of
the Civil Procedure Code, Cap 33. It is inconceivable that one may be
accepted to act as legal representation of a deceased estate without
proof thereof. In compliance with that requirement of proof the
. applicant has attached a copy of letters of administration of the estate
of Amina Abdallah Amour( Annexture 'A') There is no dispute that these
letters were issued by the High Court of Zanzibar.
The question is whether these letters issued by the High Court
of Zanzibar have legal effect within this jurisdiction so as to clothe the
holder with locus standi. With respect I agree with the second
respondent and hold the letters of administration ineffectual for the
3
reason that the same required re- sealing under section 4 of the Probate
and Administration of Estate Act Cap 352.
For the reason that the person who purports to be a legal
representative of the estate of Amina Abdallah Amour is a holder of
letters of administration of the latter's estate issued by the High Court of
· Zanzibar, and for the reason that those letters have not been re - seated
by this court, Asha Ali Salum has no locus standi. I disagree with Mr
Chilale's contention that anybody may institute revision proceedings. I
find that to be a very strange suggestion which is inconsistent with the laid
down principles of locus standi. The Court of Appeal has held that any
party does not mean anybody. See Mehar Sigh t/a Thaker Singh V.
Highland Estates Limited & 2 others Civil Reference No. 2 of 2014,
( unreported).
The point of preliminary objection is sustained as a result of which
this application is struck out with costs.
~C,L~
I.P.krrtJSI
JUDGE
2/2/2018
