20200331 TZHC Dar es Salaam

20200331 TZHC Dar es Salaam

Presence of two Wills nullifies the letters of administration granted to the respondent, as the grant was obtained by means of untrue allegations essential in law, regardless of whether made in ignorance or inadvertently.

Citation
20200331 TZHC Dar es Salaam
Parties
Applicant: Pili Selemani Kipwimbwi; Applicant: Mahinga Selemani Kipwimbwi; Respondent: Hamisi Selemani Kipwimbwi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Grant of letters of administration revoked and annulled.
Legal Topics
Revocation of Grant, Letters of Administration, Will, Estate Administration
Source Language
English
Probate Civil Procedure Revocation of Grant Letters of Administration Will Estate Administration

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Parties

Pili Selemani Kipwimbwi

Applicant

Mahinga Selemani Kipwimbwi

Applicant

Hamisi Selemani Kipwimbwi

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether the grant of letters of administration should be revoked due to existence of a Will and alleged fraudulent/untrue allegations
  2. 2 Whether the administrator failed to exhibit inventory and account as required by law

Ratio Decidendi

Presence of two Wills nullifies the letters of administration granted to the respondent, as the grant was obtained by means of untrue allegations essential in law, regardless of whether made in ignorance or inadvertently.

Court Disposition

Grant of letters of administration revoked and annulled.

Orders

  • Respondent to surrender letters of administration to the court forthwith.
  • Respondent to account for and deliver all proceeds obtained in course of administration of the estate.