The applicant’s father, late Paul Nyanda, died leaving landed properties in Mwanza City. She claimed to be the only surviving child of the late father and apparently wanted to be the sole administrator of his estate. Therefore, she filed in the High Court Probate and Administration Cause No. 8 of 2000, applying to be granted letters of administration of the estate of her late father. On the other hand, the Respondent who claimed to be a grandson of late Paulo Nyanda, filed Miscellaneous Civil Application No. 137 of 2002 in the High Court applying to be joined as a co-petitioner with the applicant for letters of administration.
The High Court allowed the Respondent’s application. The Respondent would be a co-petitioner in Probate and Administration Cause No. 8 of 2000. Ostensibly the applicant was unhappy with that decision and on 25th May, 2006 lodged a notice of intention to appeal that decision in this Court. He then filed this application for stay of execution pending hearing of the appeal. The Respondent filed a notice of Preliminary Objection arguing after the delivery of the ruling the applicant had conceded and proceedings had been instituted in the High Court, hence the matter stood sub-judice before the said High Court making the application superfluous. He also said that the affidavit lacked endorsement of the drawer – which was contrary to section 44(1) of [Cap 341 R.E. 2002].