application for appointment of receiver pending grant of letters of administration by gabriel paul lyimo 2021 tzhc 2257 28 february 2021
The applicant satisfied the statutory requirements for appointment as receiver, demonstrated risk of waste and intermeddling, and is a fit and proper person to preserve the estate pending appointment of an administrator.
- Citation
- application for appointment of receiver pending grant of letters of administration by gabriel paul lyimo 2021 tzhc 2257 28 february 2021
- Parties
- Applicant: Gabriel Paul Lyimo; Deceased: Estate of the Late Peter Gabriel Lyimo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2021
- Procedural Posture
- Probate and Administration Cause / Application for Appointment of Receiver Pending Grant of Letters of Administration
- Outcome
- Application granted
- Legal Topics
- Appointment of Receiver, Protection of Estate, Letters of Administration
- Source Language
- English
Case Brief
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Parties
Gabriel Paul Lyimo
Applicant
Estate of the Late Peter Gabriel Lyimo
Deceased
Procedural Posture
Probate and Administration Cause / Application for Appointment of Receiver Pending Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant should be appointed as receiver of the deceased's estate pending grant of letters of administration
Ratio Decidendi
The applicant satisfied the statutory requirements for appointment as receiver, demonstrated risk of waste and intermeddling, and is a fit and proper person to preserve the estate pending appointment of an administrator.
Court Disposition
Application granted
Orders
- Gabriel Paul Lyimo appointed as receiver of the specified properties of the deceased's estate for three months pending grant of letters of administration.
- Receiver may access deceased's bank accounts only for family upkeep and children's school fees, with full accounting required.
Full Case Text
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