allan alfred leo and another vs karen kindondechi leo 2021 tzhc 9030 26 november 2021

allan alfred leo and another vs karen kindondechi leo 2021 tzhc 9030 26 november 2021

The applicant failed to provide sufficient evidence to establish that he and others were children of the deceased or that omitted properties belonged to the deceased. There was no procedural or substantive defect, fraud, or failure to account proven to the standard required by section 49(1) of the Probate and Administration Act. The application for revocation and annulment of the grant is without merit.

Citation
allan alfred leo and another vs karen kindondechi leo 2021 tzhc 9030 26 november 2021
Parties
Applicant: Allan Alfred Leo; Applicant: Nemes Leo; Respondent: Karen Kindondechi Leo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2021
Procedural Posture
Misc. Civil Application / Ruling on Application for Revocation and Annulment of Letters of Administration
Outcome
Application dismissed
Legal Topics
Revocation of Letters of Administration, Consent of Heirs, Omission of Beneficiaries, Procedural Defects in Probate, Duties of Administrator
Source Language
English
Probate Succession Civil Procedure Revocation of Letters of Administration Consent of Heirs Omission of Beneficiaries Procedural Defects in Probate Duties of Administrator

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Parties

Allan Alfred Leo

Applicant

Nemes Leo

Applicant

Karen Kindondechi Leo

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Revocation and Annulment of Letters of Administration

Legal Issues

  1. 1 Whether the proceedings to obtain grant were defective for lack of consent of all heirs
  2. 2 Whether the grant was obtained fraudulently by concealment or false suggestion
  3. 3 Whether the respondent failed to perform duties as administrator by omitting properties or beneficiaries

Ratio Decidendi

The applicant failed to provide sufficient evidence to establish that he and others were children of the deceased or that omitted properties belonged to the deceased. There was no procedural or substantive defect, fraud, or failure to account proven to the standard required by section 49(1) of the Probate and Administration Act. The application for revocation and annulment of the grant is without merit.

Court Disposition

Application dismissed

Orders

  • Application for revocation and annulment of letters of administration is dismissed for want of merit.
  • No order as to costs.