Winnie Chikoya vs William Z. Chikoya (Civil Appeal No. 11 of 1998) [1998] TZHC 2108 (21 August 1998)

• ' I. DAR ES s.ru .. ·AAi DISTRICT ffEDISTRY AT DAR ES SALA.Ab, CIVIL APFEAL NO 11 OF 1998 WINNIE CHIKOYA 0000•0'1oanoc,nc:1<0ct BU BE,SH! , J: In course of hea.r·ing this appeal, I allowed the appeal and reservE,?1.:r'my reasons for so doing. I now . proceed to give my reasons. Ivlr l'Jwengele for the apfell:::..nt had filed x six· grounds of appealo The grounds when sur;,m2_rised come ,to this~ That the proceedings at the trial court were I highly irregular in that first there was r~ suit filed before interlocutory ord_ers could be applied for. ·- ·". . ' That this offends 037 of the CIC. Again the proceedings at the trial v,ere supposed to ·start by way of petition
• Section 56 of the Frobate arid Administration Ordimnce 9 C. - - • ' - and inevent of a contentions rnatter the petitions be turned into a suit in terms of section 52 (b) of same . ,. . • r .- ,c. ~ " : ) • * " . Act~ That the ruling delivered by the trial magistrate was as if the court was tryir,& to correct an fi.:1.rlier I decision while that-·v1as"- no't ... the case~ And again that . . the 9.:r~n order is contrary to the orders given. After a careful study of tl-12 Ruling ,gi veri I find myr,elf tot agreernent with the subrnis.sions ri1ade by f ✓ ir. f 1 Mngele. One does not file for an application for ·cerr:porary orders in absence of 3. suit That this is a prooate matter is not dis,puted and an ir:,junction f.LlGd in terms of
• .·Section 68 (c) of the Code camiot issue. The proceedings filed therefore were not only irregular but ·not rnaint3.irr:.b~-- at law; I have no atternat-1- ve. bu·t" to qu3.·.sh and set them aside. .I make no order as to costs. Delivered ,before . . Magafu for Mwengele and in absence of Res:pondent ;_~' / ). : /.. ,. ( -,., _/ t,- '·· ~ J : · ... 1;.. ..' :'.; /\ ... -'\ A·. G. BUBESHI JUDGE 21/8/98"

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