bruno so sospeter vs paskazia wo sospeter 2021 tzhc 5414 30 july 2021

The appellant had not fully performed his duty as administrator but revocation was not justified. The district court erred in revoking the appointment and issuing orders contrary to law and facts. The appellant remains administrator and must complete distribution and submit a signed inventory to the trial and district courts.

Citation: bruno so sospeter vs paskazia wo sospeter 2021 tzhc 5414 30 july 2021
Parties: Appellant: Bruno s/o Sospeter; Respondent: Paskazia w/o Sospeter
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 July 2021
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal allowed in part
Legal Topics: Revocation of Administrator, Distribution of Estate, Inventory Submission, Beneficiaries' Rights
Source Language: English

Probate Succession Revocation of Administrator Distribution of Estate Inventory Submission Beneficiaries' Rights

Case Brief

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Parties

Bruno s/o Sospeter

Appellant

Paskazia w/o Sospeter

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether the revocation of the appellant as administrator was proper
2 Whether the distribution of the deceased's estate was lawful and complete
3 Whether the district court erred in quashing the trial court's decision

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

District court decision and orders quashed and set aside.
Trial court decision recognizing appellant as administrator restored.