OC TANZLII ANTHONY HAJI

The High Court retains jurisdiction to allow the executor to amend the inventory and collect estate assets, as the application for stay of execution was struck out and the nature of the decree permits fulfillment of executor duties; pending appeal does not bar these actions.

Citation: OC TANZLII ANTHONY HAJI
Parties: Executor: Antony Amin Haji; Beneficiary: Yasmine Haji
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2021
Procedural Posture: Probate and Administration Cause / Ruling on Post Judgment Applications
Outcome: Prayers sought by the executor allowed in part; amendment of inventory and collection of estate assets permitted, but transfer of funds to Mirathi account not granted.
Legal Topics: Inventory Amendment, Collection of Estate Assets, Jurisdiction During Appeal, Distribution of Estate Funds
Source Language: English

Probate Estate Administration Inventory Amendment Collection of Estate Assets Jurisdiction During Appeal Distribution of Estate Funds

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Parties

Antony Amin Haji

Executor

Yasmine Haji

Beneficiary

Procedural Posture

Probate and Administration Cause / Ruling on Post Judgment Applications

Legal Issues

1 Whether the court has jurisdiction to grant executor's prayers during pending appeal
2 Whether executor can amend inventory and collect estate assets

Ratio Decidendi

Court Disposition

Prayers sought by the executor allowed in part; amendment of inventory and collection of estate assets permitted, but transfer of funds to Mirathi account not granted.

Orders

Executor allowed to amend inventory filed on 14/06/2024 and file as required by law.
Executor allowed to collect all monies left by the deceased in bank accounts for inclusion in inventory.