doris rose makene vs jonia kengeli makene 2003 tzhc 43 25 august 2003

doris rose makene vs jonia kengeli makene 2003 tzhc 43 25 august 2003

The Respondent's delay in filing the inventory was justified by her efforts to redeem mortgaged properties, and there was no evidence of fraud or misrepresentation. However, due to family disharmony and risk of some heirs being denied their share, it is prudent to revoke the Respondent's appointment and appoint the Administrator General.

Citation
doris rose makene vs jonia kengeli makene 2003 tzhc 43 25 august 2003
Parties
Applicant: Doris Rose Makene; Respondent: Jonia Kengeli Makene
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 August 2003
Procedural Posture
Civil / Ruling on Application for Revocation of Grant of Letters of Administration
Outcome
Application for revocation of Letters of Administration granted; Respondent's appointment revoked; Administrator General appointed; no order as to costs.
Legal Topics
Revocation of Letters of Administration, Inventory Filing Requirements, Allegations of Fraud and Misrepresentation, Appointment of Administrator General
Source Language
English
Succession Law Probate and Administration Revocation of Letters of Administration Inventory Filing Requirements Allegations of Fraud and Misrepresentation Appointment of Administrator General

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Parties

Doris Rose Makene

Applicant

Jonia Kengeli Makene

Respondent

Procedural Posture

Civil / Ruling on Application for Revocation of Grant of Letters of Administration

Legal Issues

  1. 1 Whether the Respondent's failure to file inventory within statutory period warrants revocation of Letters of Administration
  2. 2 Whether the inventory filed by the Respondent was fraudulent or misrepresented property values
  3. 3 Whether the Respondent should be replaced by the Administrator General

Ratio Decidendi

The Respondent's delay in filing the inventory was justified by her efforts to redeem mortgaged properties, and there was no evidence of fraud or misrepresentation. However, due to family disharmony and risk of some heirs being denied their share, it is prudent to revoke the Respondent's appointment and appoint the Administrator General.

Court Disposition

Application for revocation of Letters of Administration granted; Respondent's appointment revoked; Administrator General appointed; no order as to 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 the Probate and Administration of Estates Act, Chapter 352