of the estate of the late augustino lyatonga mrema and in the matter of application for letters of administration without will by peter augustino mrema and in the matt

of the estate of the late augustino lyatonga mrema and in the matter of application for letters of administration without will by peter augustino mrema and in the matt

The caveator is not appointed as co-administrator due to bad relations with the petitioner, which would impair estate administration. The petitioner is appointed sole administrator. Beneficiaries include the widow and all children, including those born out of wedlock, as proven by birth certificates and evidence of parentage.

Citation
of the estate of the late augustino lyatonga mrema and in the matter of application for letters of administration without will by peter augustino mrema and in the matt
Parties
Petitioner: Peter Augustino Mrema; Caveator/respondent: Doris Agness Augustin Mkandala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Caveat partly dismissed; petitioner appointed sole administrator; beneficiaries determined; no order as to costs.
Legal Topics
Intestate Succession, Appointment of Administrator, Beneficiary Determination, Parentage Proof
Source Language
English
Succession Law Family Law Intestate Succession Appointment of Administrator Beneficiary Determination Parentage Proof

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Parties

Peter Augustino Mrema

Petitioner

Doris Agness Augustin Mkandala

Caveator/respondent

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether the caveator should be appointed to co-administer the deceased estate
  2. 2 Who are the legal beneficiaries of the estate of the deceased
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The caveator is not appointed as co-administrator due to bad relations with the petitioner, which would impair estate administration. The petitioner is appointed sole administrator. Beneficiaries include the widow and all children, including those born out of wedlock, as proven by birth certificates and evidence of parentage.

Court Disposition

Caveat partly dismissed; petitioner appointed sole administrator; beneficiaries determined; no order as to costs.

Orders

  • Doris Agness Augustin Mkandala not appointed co-administrator.
  • Peter Augustino Mrema appointed sole administrator.