danford mashauri amaniel malleo vs godwin amaniel malleo and another 2020 tzhc 4627 22 december 2020

Applicant failed to challenge the forensic evidence of forgery in the counter affidavit, amounting to implied admission; application dismissed for lack of merit.

Citation: danford mashauri amaniel malleo vs godwin amaniel malleo and another 2020 tzhc 4627 22 december 2020
Parties: Applicant: Danford Mashauri Amaniel Malleo; 1st Respondent: Godwin Amaniel Malleo; 2nd Respondent: Dorah Amaniel Malleo
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 December 2020
Procedural Posture: Misc Civil Application / Ruling
Outcome: Application dismissed with costs
Legal Topics: Revocation of Grant, Forgery of Will, Burden of Proof in Civil Cases
Source Language: English

Probate Civil Procedure Revocation of Grant Forgery of Will Burden of Proof in Civil Cases

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Parties

Danford Mashauri Amaniel Malleo

Applicant

Godwin Amaniel Malleo

1st Respondent

Dorah Amaniel Malleo

2nd Respondent

Procedural Posture

Misc Civil Application / Ruling

Legal Issues

1 Whether the grant of letters of administration should be revoked due to existence of a will
2 Whether the alleged will is forged

Ratio Decidendi

Applicant failed to challenge the forensic evidence of forgery in the counter affidavit, amounting to implied admission; application dismissed for lack of merit.

Court Disposition

Application dismissed with costs

Orders

Application dismissed
Costs awarded to respondents