aloysius benedicto rutaihwa vs benedicto joseph rutaihwa 2018 tzhc 2719 31 august 2018
The applicant demonstrated diligence and inability to file a full inventory due to unresolved land disputes affecting the estate; thus, a further extension is justified to avoid repeated applications and ensure justice.
- Citation
- aloysius benedicto rutaihwa vs benedicto joseph rutaihwa 2018 tzhc 2719 31 august 2018
- Parties
- Applicant: Aloysius Benedicto Rutaihwa; Subject: Estate of Benedicto Joseph Rutaihwa (Deceased)
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2018
- Procedural Posture
- Probate and Administration Application / Ruling on Third Application for Extension of Time to File Full Inventory
- Outcome
- Extension of time granted
- Legal Topics
- Extension of Time, Filing Inventory, Executor Duties
- Source Language
- English
Case Brief
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Parties
Aloysius Benedicto Rutaihwa
Applicant
Estate of Benedicto Joseph Rutaihwa (Deceased)
Subject
Procedural Posture
Probate and Administration Application / Ruling on Third Application for Extension of Time to File Full Inventory
Legal Issues
- 1 Whether the applicant should be granted a further extension of time to file a full and true inventory of the estate
Ratio Decidendi
The applicant demonstrated diligence and inability to file a full inventory due to unresolved land disputes affecting the estate; thus, a further extension is justified to avoid repeated applications and ensure justice.
Court Disposition
Extension of time granted
Orders
- Extension of six months to file full inventory, counted from the date of determination of the last pending matter and any appeal thereto
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