eustidia lweikiza majula vs justice njunwa majula 2021 tzhc 9451 3 december 2021

eustidia lweikiza majula vs justice njunwa majula 2021 tzhc 9451 3 december 2021

There was insufficient evidence to prove distribution of the deceased's estate in 1982; revocation of appellant's appointment was unjust as she was not properly guided on filing inventory; appellant's appointment reinstated and ordered to file inventory within one month.

Source-derived case information.

Citation
eustidia lweikiza majula vs justice njunwa majula 2021 tzhc 9451 3 december 2021
Parties
Appellant: Eustidia Lweikiza Majula; Respondent: Justice Njunwa Majula
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 December 2021
Procedural Posture
Probate and Administration Appeal / Second Appeal Before High Court
Outcome
Appeal allowed
Legal Topics
Revocation of Administrator Appointment, Distribution of Estate, Filing Inventory, Jurisdiction of Primary Court
Source Language
english
Probate Succession Civil Procedure Revocation of Administrator Appointment Distribution of Estate Filing Inventory Jurisdiction of Primary Court

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Parties

Eustidia Lweikiza Majula

Appellant

Justice Njunwa Majula

Respondent

Procedural Posture

Probate and Administration Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the deceased's estate was distributed in 1982
  2. 2 Whether the appellant's appointment as administrator was fairly revoked

Ratio Decidendi

There was insufficient evidence to prove distribution of the deceased's estate in 1982; revocation of appellant's appointment was unjust as she was not properly guided on filing inventory; appellant's appointment reinstated and ordered to file inventory within one month.

Court Disposition

Appeal allowed

Orders

  • Decisions of Primary Court and District Court set aside
  • Appointment of appellant as administratrix reinstated