tanzlii 18 ocr NYESU0001

tanzlii 18 ocr NYESU0001

The application for revocation of letters of administration lacks merit because the respondent's failure to file accounts was caused by applicants' obstruction, the property in dispute belonged to the deceased, the respondent is not a stranger and could be appointed by the court, and the issue with the surety bond is not fatal under the law.

Citation
tanzlii 18 ocr NYESU0001
Parties
Applicant: Chacha Simon Matogoro; Applicant: Julius Simon Werema; Respondent: Joseph Simon Mahindi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Probate and Administration Cause / Ruling on Application for Revocation of Letters of Administration
Outcome
Application dismissed
Legal Topics
Revocation of Letters of Administration, Administrator's Duties, Estate Inventory, Surety Bond, Family Disputes
Source Language
English
Probate Succession Law Revocation of Letters of Administration Administrator's Duties Estate Inventory Surety Bond Family Disputes

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Parties

Chacha Simon Matogoro

Applicant

Julius Simon Werema

Applicant

Joseph Simon Mahindi

Respondent

Procedural Posture

Probate and Administration Cause / Ruling on Application for Revocation of Letters of Administration

Legal Issues

  1. 1 Whether the letters of administration granted to the respondent should be revoked
  2. 2 Whether the respondent failed to file accounts of the estate
  3. 3 Whether the respondent falsely included property in the estate inventory

Ratio Decidendi

The application for revocation of letters of administration lacks merit because the respondent's failure to file accounts was caused by applicants' obstruction, the property in dispute belonged to the deceased, the respondent is not a stranger and could be appointed by the court, and the issue with the surety bond is not fatal under the law.

Court Disposition

Application dismissed

Orders

  • No order as to costs