james konsel wambura and edith konsel wambura 2020 tzhc 611 5 march 2020

james konsel wambura and edith konsel wambura 2020 tzhc 611 5 march 2020

Applicant failed to establish locus standi and interest in the estate; Administrator General is exempt from removal under section 49(1)(e); no proof of misappropriation or cessation of reasons for prior appointment; application dismissed as abuse of court process.

Citation
james konsel wambura and edith konsel wambura 2020 tzhc 611 5 march 2020
Parties
Applicant: Editha Konsel Wambura; Respondent: Administrator General (RITA)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 March 2020
Procedural Posture
Miscellaneous Application / Ruling
Outcome
Application dismissed with costs
Legal Topics
Revocation of Administrator, Appointment of Administratix, Locus Standi, Inventory Filing, Misappropriation of Estate Funds
Source Language
English
Probate Estate Administration Revocation of Administrator Appointment of Administratix Locus Standi Inventory Filing Misappropriation of Estate Funds

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Parties

Editha Konsel Wambura

Applicant

Administrator General (RITA)

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether justifiable reasons exist for removal of the Administrator General as administrator of the estate
  2. 2 Whether the applicant is qualified to be appointed as administratix

Ratio Decidendi

Applicant failed to establish locus standi and interest in the estate; Administrator General is exempt from removal under section 49(1)(e); no proof of misappropriation or cessation of reasons for prior appointment; application dismissed as abuse of court process.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs