cation of the probate and administration of the estate of the late william hassan kampton granted to william mosses kampton 2 others between brends william kamoton 2 o

cation of the probate and administration of the estate of the late william hassan kampton granted to william mosses kampton 2 others between brends william kamoton 2 o

The respondents' appointment as administrators was fraudulently procured by concealing the existence and capability of other beneficiaries, specifically the applicants, who as immediate children of the deceased are entitled to administer the estate. The grant to the respondents is revoked and the applicants are appointed as joint administrators.

Citation
cation of the probate and administration of the estate of the late william hassan kampton granted to william mosses kampton 2 others between brends william kamoton 2 o
Parties
Applicant: Brenda William Kampton; Applicant: John Kampton Mrisha; Applicant: Six Justine Kampton; Respondent: William Moses Kampton; Respondent: Kelvin William Kampton; Respondent: Caroline Godwin Mkwizu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revocation of Probate and Administration
Outcome
Application granted
Legal Topics
Revocation of Grant, Letters of Administration, Fraudulent Procurement, Beneficiaries' Rights
Source Language
English
Probate Succession Revocation of Grant Letters of Administration Fraudulent Procurement Beneficiaries' Rights

Case Brief

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Parties

Brenda William Kampton

Applicant

John Kampton Mrisha

Applicant

Six Justine Kampton

Applicant

William Moses Kampton

Respondent

Kelvin William Kampton

Respondent

Caroline Godwin Mkwizu

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Revocation of Probate and Administration

Legal Issues

  1. 1 Whether the grant of probate and letters of administration to the respondents was fraudulently or improperly obtained
  2. 2 Whether the applicants are more fit and entitled to administer the estate

Ratio Decidendi

The respondents' appointment as administrators was fraudulently procured by concealing the existence and capability of other beneficiaries, specifically the applicants, who as immediate children of the deceased are entitled to administer the estate. The grant to the respondents is revoked and the applicants are appointed as joint administrators.

Court Disposition

Application granted

Orders

  • Revocation of letters of administration issued to respondents
  • Respondents to remit letters of administration to the court