SAIDI OMARI MOHAMEDI (As administrator of the Estate of the Late Tarimu Mohamed) v. ABDALLAH MSELEM, CIVIL APPLICATION NO. 144/12 OF 2023

Abstract

Held: (i) So as to expedite dispensation of justice and to avoid congestion of unnecessary applications in our registries, legal representatives should be permitted, upon oral application in Court and presentation of documents justifying being legal representatives, to be joined in a case in lieu of either the deceased party or as a successor of the former legal representative or administrator whose appointment has been revoked or passed away (died). (ii) A single justice is only empowered to determine whether there is good cause for granting an extension of time, while substantive matters such as the determination of alleged illegalities and the competence of the case fall within the jurisdiction of a full panel of justices.