20050310 TZHC Dar es Salaam

The existence of serious complaints and animosity between the respondent and the widow, as well as the respondent's failure to properly administer the estate, satisfy the legal requirements for removal of the administrator under Section 49(2) of the Probate and Administration Ordinance.

Citation: 20050310 TZHC Dar es Salaam
Parties: Applicant: Happiness Muhile; Applicant: Cosmas Muhile; Respondent: Robert Israel Muhile
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 10 March 2005
Procedural Posture: Probate and Administration Application / Ruling on Application for Revocation of Letters of Administration
Outcome: Application granted in part
Legal Topics: Revocation of Letters of Administration, Appointment of Administrator, Estate Administration, Widow's Rights, Removal of Administrator
Source Language: English

Probate Succession Family Law Revocation of Letters of Administration Appointment of Administrator Estate Administration Widow's Rights Removal of Administrator

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Parties

Happiness Muhile

Applicant

Cosmas Muhile

Applicant

Robert Israel Muhile

Respondent

Procedural Posture

Probate and Administration Application / Ruling on Application for Revocation of Letters of Administration

Legal Issues

1 Whether the letters of administration granted to Robert Israel Muhile should be revoked
2 Whether the Administrator General should be appointed as administrator
3 Whether the respondent should restore possession of the matrimonial home to the widow

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Letters of administration granted to Robert Israel Muhile are revoked.
Robert Israel Muhile is to deliver up the letters of administration to the Registrar within three days.