PROBATE AND ADMINISTARTION CAUSE NO

PROBATE AND ADMINISTARTION CAUSE NO

The Caveator failed to prove the existence of an oral Will; the issue of jointly acquired property cannot be determined at this stage and must be addressed after the administrator files inventory; due to mistrust and enmity between the parties, a neutral administrator is appointed.

Citation
PROBATE AND ADMINISTARTION CAUSE NO
Parties
Petitioner: Alice Gabriel Kivuyo; Caveator: Naishooki Gabriel
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Probate and Administration Cause / Judgment After Contentious Hearing on Caveat
Outcome
Administrator General appointed as administrator of the estate.
Legal Topics
Letters of Administration, Oral Will, Matrimonial Property, Appointment of Administrator, Estate Inventory
Source Language
English
Probate Succession Family Law Letters of Administration Oral Will Matrimonial Property Appointment of Administrator Estate Inventory

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Parties

Alice Gabriel Kivuyo

Petitioner

Naishooki Gabriel

Caveator

Procedural Posture

Probate and Administration Cause / Judgment After Contentious Hearing on Caveat

Legal Issues

  1. 1 Whether there was an oral Will left by the deceased
  2. 2 Whether the Petition listed properties that were jointly acquired by the Deceased and the Caveator
  3. 3 What reliefs are the parties entitled to

Ratio Decidendi

The Caveator failed to prove the existence of an oral Will; the issue of jointly acquired property cannot be determined at this stage and must be addressed after the administrator files inventory; due to mistrust and enmity between the parties, a neutral administrator is appointed.

Court Disposition

Administrator General appointed as administrator of the estate.

Orders

  • Administrator General to administer the estate of the late Gabriel Paulo Kivuyo according to the law.
  • Administrator General to file inventory within 6 months and statement of true final accounts within 12 months from appointment.