godwin amaniel malleo and another vs danford mashauri amaniel malleo 2020 tzhc 4628 22 december 2020

godwin amaniel malleo and another vs danford mashauri amaniel malleo 2020 tzhc 4628 22 december 2020

The existence of two grants for the same estate is impermissible; the first grant takes precedence. The Respondent's probate was obtained in concealment of the prior grant and relying on a forged will, warranting nullification under Section 49 of Cap 445.

Citation
godwin amaniel malleo and another vs danford mashauri amaniel malleo 2020 tzhc 4628 22 december 2020
Parties
Applicant: Godwin Amaniel Malleo; Applicant: Dorah Amaniel Malleo; Respondent: Danford Mashauri Amaniel Malleo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 December 2020
Procedural Posture
Miscellaneous Civil Application / Ruling
Outcome
application granted
Legal Topics
Nullification of Probate, Concealment of Material Facts, Co Existence of Grants, Forged Will
Source Language
English
Probate Estate Administration Nullification of Probate Concealment of Material Facts Co Existence of Grants Forged Will

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Parties

Godwin Amaniel Malleo

Applicant

Dorah Amaniel Malleo

Applicant

Danford Mashauri Amaniel Malleo

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

  1. 1 Whether Probate and Administration Cause No. 25 of 2015 should be annulled due to concealment and existence of prior grant
  2. 2 Whether two grants (probate and letters of administration) can co-exist for the same estate
  3. 3 Whether the will relied upon was forged

Ratio Decidendi

The existence of two grants for the same estate is impermissible; the first grant takes precedence. The Respondent's probate was obtained in concealment of the prior grant and relying on a forged will, warranting nullification under Section 49 of Cap 445.

Court Disposition

application granted

Orders

  • Probate and Administration Cause No. 25 of 2015 is nullified.
  • Probate granted to Respondent is cancelled.