makene vs makene 2005 tzhc 40 19 september 200

makene vs makene 2005 tzhc 40 19 september 200

Respondent's delay in filing inventory was justified by efforts to redeem mortgaged properties; no fraud or misrepresentation found; however, due to disharmony among heirs and risk of exclusion, appointment of Administrator General is prudent.

Citation
makene vs makene 2005 tzhc 40 19 september 200
Parties
Applicant: Doris Rose Makene; Respondent: Jonia Kengeli Makene
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil / Ruling
Outcome
Revocation of Respondent's appointment as Administratrix; appointment of Administrator General; each party to bear own costs.
Legal Topics
Revocation of Letters of Administration, Fraud Allegations, Inventory Filing, Appointment of Administrator General
Source Language
English
Probate Estate Administration Revocation of Letters of Administration Fraud Allegations Inventory Filing Appointment of Administrator General

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Parties

Doris Rose Makene

Applicant

Jonia Kengeli Makene

Respondent

Procedural Posture

Civil / Ruling

Legal Issues

  1. 1 Whether the Respondent failed to file inventory within statutory period
  2. 2 Whether the inventory filed was fraudulent or misrepresented property values
  3. 3 Whether the Respondent should be removed as Administratrix

Ratio Decidendi

Respondent's delay in filing inventory was justified by efforts to redeem mortgaged properties; no fraud or misrepresentation found; however, due to disharmony among heirs and risk of exclusion, appointment of Administrator General is prudent.

Court Disposition

Revocation of Respondent's appointment as Administratrix; appointment of Administrator General; each party to bear own costs.

Orders

  • Revocation of Respondent's appointment as Administratrix of the deceased's estate.
  • Appointment of Administrator General as Administrator of the deceased's estate under S.49(2) of Probate and Administration of Estates Act, Chapter 352.