application for appointment of receiver pending grant of letters of administration by gabriel paul lyimo 2021 tzhc 2257 28 february 2021

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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

  1. 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.