Scandinavian Enterprises Co. vs Hassan Jemedari and Others (Misc Civil Application No 170 of 1998) [1999] TZHC 468 (26 August 1999)

IN THE HIGH COU:i:1T OF TAHZii.IfIA Nr A.RUSHA r -.- ''=It--::.' . ..,. __ ..,,.·· • .,- .... .-.::, MISCe CIVIL 1-LPPLICN.rION NO·ol '?0/98 ..... ,..__,,~~-, • -r .... - .. , ,,,~ •·-•·•- .oci,-,, ~ • ..,.. '1'.t · •• L,- • ..,. •. 1 ,,r, .& •...- -·. o•• ~ .,.- ... • • 4 '0 ..._ -"' ·"" SCAND.ili:HAVIAN ENTERPRISES CO~ Hr-Do o o o Versus= '\ "MSOFFEo J e . · -·· -~~~--·""'· ., ..... . .·• O O O ,t.•. 0 0 u APPLICANT There is no dispute that the respondent Hassan MoJemadari \ • is dead and todate nobody harbours any interest of being . " t :--• 1 appointed to be i1iS legal representativeo ·T.l1is is confirmed , by Mro Mal{ange learned e.dvocate fo:r:' t1e _ d.eceased respondent wl1o told the court on 18/2/98 as .follows:= •. 11 The wife of the deceas~d one L7dia Hassan Jemadari has informed me that no one _has applied·to be adrninistrRtor or executor of wilr of Deceased

• there was no need as tbe deceased- had distributed the whole of his estate bfore-·he diedo So there is nb personal representative to ti1is day• 1 o In my Ruling of 18/6/99 I had ·occasion,•to discuss tt.ie imp "'- r-::: ·, lications of the above statement.. Briefly 9 I stated, and . . ' ·; . I still starid by wt1at I said? that· if nobody is willing and f. ready to be appointed administrator to tbe deceased's estate . .,, '
• then unlc;:,s somettiing is done this appeal will not come to ·' ·~ an end~ Someone has to step into the decectr3ed I s s,.:oes in order to brin3 ti1is appeal to an endo 1 I1t1at l:w.s . to "!)e done because if: nothing is done then the appellarit/ applicant I s right, if any~ cannot be determined., I appreciate that,

2 according to Mro Makange, the appellant/applicant's righ:bs have since died with the respondent's death, but, in my respectful opinions in law a party's rights do not die with one's deathu The provisions of Order XXII Rule 1 of The •·c~:c,""7-r=s;,-..-=--z-=-+::-• -r··.::1·--,...J..,.,,,__,.....,. Qm..l_Pro..9_e1J£§ __ Qode,L)-2§§_ i,s very clear on this pointo It 1s in the light of tl.1is spirit thot I am inclined to believe and hold that tlle :present application should be - allowed~ In the application the applicant is invoking the provisions of f>,40 of Tbe _Pro_l:>"c'-"'..i'P.d __ l<dmiytj_etr"ctor,Ortii·-tr nc 4 L Go/_ Lj.Lj._l? to have the deceased' s widow (Lyidia Hassan - Jemadari) and one PIUS MKINDI granted letters of ad.ministra= tion for the purpose of representing tb.e dE-ceas2d desponden in this Court's Misc/ Civil . .:1.ppeal Noo 13/930 I am aw"'re that f3:~~1:!Q refers to a suit as opposed to an QJ?.Qe9J-. but that would b2 of no consequence because as I had occasicm to point out in my Ruling of 18/6/99 in Law a suit includes an appeal u Order XXII Rule 11 of The Civil Procedure Code z..·.7~.=t"•'-"'··•t'"w...-·r . .:;J,.,..- -=-<::..>, ~ .. -,r.-,,-- •-,rc-·""'_.,..,.•2··::s,...---•·,-- •:7•---,,-~~-""'-:.,.i,. 'I'hc applic2tion is accordingly sllowed as prayed 9 Costs will be in the causeo JUDGZ 26/8/99 j':-, '~i;'

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