doris rose makene vs jonia kengeli makene 2005 tzhc 194 19 september 2005

doris rose makene vs jonia kengeli makene 2005 tzhc 194 19 september 2005

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 in the inventory. However, due to disharmony among beneficiaries and fear of denial of entitlements, it is prudent to revoke the Respondent's appointment and appoint the Administrator General as administrator of the estate.

Citation
doris rose makene vs jonia kengeli makene 2005 tzhc 194 19 september 2005
Parties
Applicant: Doris Rose Makene; Respondent: Jonia Kengeli Makene
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 September 2005
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 as administrator; each party to bear its own costs.
Legal Topics
Revocation of Letters of Administration, Fraud Allegations in Estate Administration, Inventory Filing Requirements
Source Language
English
Succession Law Probate and Administration Revocation of Letters of Administration Fraud Allegations in Estate Administration Inventory Filing Requirements

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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 Respondent committed fraud or misrepresentation in the inventory of the deceased's estate
  3. 3 Whether undervaluation of estate properties in the inventory constitutes fraud

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 in the inventory. However, due to disharmony among beneficiaries and fear of denial of entitlements, it is prudent to revoke the Respondent's appointment and appoint the Administrator General as administrator of the estate.

Court Disposition

Application for revocation of Letters of Administration granted; Respondent's appointment revoked; Administrator General appointed as administrator; each party to bear its 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 the Probate and Administration of Estates Act, Chapter 352.