in the matter of the late stephan muhile vs in the matter of an application for letters of administration by robert muhile 2002 tzhc 2021 22 may 2002

in the matter of the late stephan muhile vs in the matter of an application for letters of administration by robert muhile 2002 tzhc 2021 22 may 2002

The animosity and vigorous complaints between the respondent and the widow, along with evidence of mismanagement, satisfy the legal conditions for removal of the administrator under Section 49(2).

Citation
in the matter of the late stephan muhile vs in the matter of an application for letters of administration by robert muhile 2002 tzhc 2021 22 may 2002
Parties
Applicant: Happiness Muhile; Applicant: Cosmas Muhile; Respondent: Robert Israel Muhile; Proposed Administrator: Administrator General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 2002
Procedural Posture
Probate & Administration / Ruling on Application for Revocation and Appointment
Outcome
Application granted except for inventory order; respondent removed as administrator; Administrator General to be summoned for consent.
Legal Topics
Revocation of Letters of Administration, Appointment of Administrator, Estate Mismanagement, Beneficiary Rights
Source Language
English
Probate Estate Administration Revocation of Letters of Administration Appointment of Administrator Estate Mismanagement Beneficiary Rights

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Parties

Happiness Muhile

Applicant

Cosmas Muhile

Applicant

Robert Israel Muhile

Respondent

Administrator General

Proposed Administrator

Procedural Posture

Probate & Administration / Ruling on Application for Revocation and Appointment

Legal Issues

  1. 1 Whether Robert Israel Muhile should be removed as administrator of the estate
  2. 2 Whether the Administrator General should be appointed as sole administrator
  3. 3 Whether the widow should be restored possession of the matrimonial home

Ratio Decidendi

The animosity and vigorous complaints between the respondent and the widow, along with evidence of mismanagement, satisfy the legal conditions for removal of the administrator under Section 49(2).

Court Disposition

Application granted except for inventory order; respondent removed as administrator; Administrator General to be summoned for consent.

Orders

  • Respondent to restore possession of matrimonial home to widow by surrendering keys to Registrar within three days.
  • Respondent to deliver up letters of administration to Registrar within three days.