20151210 TZHC Dar es Salaam

20151210 TZHC Dar es Salaam

The Administrator General, as a government officer, cannot rely on the alleged stubbornness of an individual to avoid his statutory duties; he must take legal action to recover estate assets and proceed with distribution and accounting.

Citation
20151210 TZHC Dar es Salaam
Parties
Applicant: Elson Kashura; Respondent: Administrator General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 December 2015
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
Application granted
Legal Topics
Exhibition of Accounts, Distribution of Estate, Administrator's Duties
Source Language
English
Probate Estate Administration Exhibition of Accounts Distribution of Estate Administrator's Duties

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Parties

Elson Kashura

Applicant

Administrator General

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether the Administrator General should be directed to exhibit an account of the estate and distribute the assets to beneficiaries

Ratio Decidendi

The Administrator General, as a government officer, cannot rely on the alleged stubbornness of an individual to avoid his statutory duties; he must take legal action to recover estate assets and proceed with distribution and accounting.

Court Disposition

Application granted

Orders

  • Administrator General to take legal action against Dickson Kashura for surrender of title deeds.
  • Administrator General to distribute the deceased's properties to beneficiaries and exhibit in Court the manner of distribution.