matter of the estate of the late easter meshack ndoje and in the matter of an application for extension of time to file inventory by frank mlekio mongi administrator o

matter of the estate of the late easter meshack ndoje and in the matter of an application for extension of time to file inventory by frank mlekio mongi administrator o

Despite ignorance of law not being a sufficient ground, the court found it in the interest of justice to grant the extension to avoid prejudice to the heirs, who would otherwise be forced to recommence probate proceedings, causing further delay and expense.

Citation
matter of the estate of the late easter meshack ndoje and in the matter of an application for extension of time to file inventory by frank mlekio mongi administrator o
Parties
Applicant: Frank Mlekio Mongi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Filing of Inventory, Final Accounts, Administrator Duties
Source Language
English
Probate and Administration Civil Procedure Extension of Time Filing of Inventory Final Accounts Administrator Duties

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Parties

Frank Mlekio Mongi

Applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether ignorance of law is a sufficient ground for extension of time to file inventory and final accounts
  2. 2 Whether the applicant should be granted extension of time to file inventory and final accounts after 14 years

Ratio Decidendi

Despite ignorance of law not being a sufficient ground, the court found it in the interest of justice to grant the extension to avoid prejudice to the heirs, who would otherwise be forced to recommence probate proceedings, causing further delay and expense.

Court Disposition

Application granted

Orders

  • Applicant to file inventory and final accounts of the deceased estate within 30 days from the date of the ruling
  • Failure to file within the prescribed time will result in revocation of letters of administration