Kimbe filed a civil suit (Suit A) against Kinje before the Resident Magistrates’ Court of Dar-es-Salaam at Kisutu. While Suit A was pending, Kimbe fell ill, was hospitalized, and passed away a few days later. Kibu was appointed by the court as the legal representative of Kimbe’s estate and stepped into Kimbe’s shoes to continue Suit A. Meanwhile, the deceased’s brother filed a separate probate suit challenging the validity of Kibu’s appointment. As an advocate representing Kibu, what steps should you take to protect your client’s interests?

Kimbe filed a civil suit (Suit A) against Kinje before the Resident Magistrates’ Court of Dar-es-Salaam at Kisutu. While Suit A was pending, Kimbe fell ill, was hospitalized, and passed away a few days later. Kibu was appointed by the court as the legal representative of Kimbe’s estate and stepped into Kimbe’s shoes to continue Suit A. Meanwhile, the deceased’s brother filed a separate probate suit challenging the validity of Kibu’s appointment. As an advocate representing Kibu, what steps should you take to protect your client’s interests?

Answer: Section 8 of the Civil Procedure Code (CPC) provides that no court shall proceed with the trial of any suit in which the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or their representatives. In this scenario, the validity of Kibu’s appointment is directly and substantially in issue in the probate suit. Proceeding with Suit A while the probate suit is pending could result in inconsistent or void judgments if Kibu’s authority is later challenged or overturned.

Necessary Documents:

1. File a Chamber Summons: Apply to the court for a stay of Suit A under Section 8 CPC, pending determination of the probate suit.
2. Affidavit in Support: Attach an affidavit detailing:
• Kibu’s lawful appointment as the legal representative.
• The facts of Kimbe’s death.
• The necessity of maintaining continuity in Suit A.
3. Request Interim Protection (if necessary): Ask the court to preserve the status quo in Suit A to prevent any prejudice to the estate pending resolution of the probate dispute.

📘 Buy the Full eBook — Instant Delivery

Price: TSH 35,000 (single digital copy, watermarked for personal use)

Payment Methods (choose any):

• Airtel Money LIPA Number: 13970429
• Yas / Tigo LIPA Number: 18401500
• M-Pesa Withdrawal Code: 826910
• Selcom Lipa Number: 61122934

Registered Name: Johnson Yesaya Mgelwa

After payment, send a WhatsApp or SMS with the text "CP 300" and payment confirmation to:

💬 Send Payment on WhatsApp

Important Notice: 

The PDF is watermarked and protected for personal use only. Redistribution, sharing, screenshotting, or copying the content is strictly prohibited and may result in legal action.

❓ Frequently Asked Questions

How will I receive the eBook after payment?

The eBook (PDF) will be delivered instantly via Gmail once payment is confirmed.

Can I share the eBook with my friends?

No. The copy you purchase is watermarked with your name for personal use only. Sharing or redistribution is prohibited.

Will there be updates?

Yes, updated versions are released annually and may be purchased separately.