20110404 TZHC Dar es Salaam 1

20110404 TZHC Dar es Salaam 1

The administrators failed to comply with statutory duties to file inventory and account for the estate; the court orders them to do so within specified timeframes and directs distribution and accounting for certain properties and funds, but declines to order payment of the claimed debt to Winnie Bashaga due to lack of sufficient basis.

Citation
20110404 TZHC Dar es Salaam 1
Parties
Applicant: Genofeva Robert Urio; Respondent: Hipolite Robert Urio; Respondent: Anicetus Peter Urio; Respondent: Basil Genes Kiterua
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 April 2011
Procedural Posture
Probate & Administration Cause / Ruling on Application for Directions to Administrators
Outcome
Application granted in part
Legal Topics
Administrator's Duties, Distribution of Estate, Filing of Inventory, Accounting by Administrators, Heirs' Entitlements
Source Language
English
Probate Estate Administration Administrator's Duties Distribution of Estate Filing of Inventory Accounting by Administrators Heirs' Entitlements

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Parties

Genofeva Robert Urio

Applicant

Hipolite Robert Urio

Respondent

Anicetus Peter Urio

Respondent

Basil Genes Kiterua

Respondent

Procedural Posture

Probate & Administration Cause / Ruling on Application for Directions to Administrators

Legal Issues

  1. 1 Whether the administrators have complied with statutory duties to file inventory and account for the estate
  2. 2 Whether the applicant and other heirs are entitled to specific properties and monetary distributions
  3. 3 Whether the administrators should pay outstanding debts claimed by a third party

Ratio Decidendi

The administrators failed to comply with statutory duties to file inventory and account for the estate; the court orders them to do so within specified timeframes and directs distribution and accounting for certain properties and funds, but declines to order payment of the claimed debt to Winnie Bashaga due to lack of sufficient basis.

Court Disposition

Application granted in part

Orders

  • Administrators to file inventory and account for the estate within one month, conforming to statutory forms.
  • Administrators to hand over land title for Plot No.165 Block E Sinza to Albert Robert Urio.