Ruling Miscellaneous Civil Application No

Ruling Miscellaneous Civil Application No

The respondents failed to file the required inventory and statement of accounts within the statutory and extended periods, and failed to seek further extension. Their lack of cooperation and communication rendered the grant inoperative. These failures justify revocation of their appointment as administrators under Section 49(1)(d) and (e) of the Probate and Administration of Estates Act.

Citation
Ruling Miscellaneous Civil Application No
Parties
Applicant: Laura Joackim Minde; 1st Respondent: Sara Joackim Minde; 2nd Respondent: Lucy Tracy Joackim Minde
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revocation of Letters of Administration
Outcome
Application allowed in part
Legal Topics
Revocation of Letters of Administration, Appointment of Administrator, Duties of Administrator, Filing of Inventory and Accounts
Source Language
English
Probate and Administration Revocation of Letters of Administration Appointment of Administrator Duties of Administrator Filing of Inventory and Accounts

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Parties

Laura Joackim Minde

Applicant

Sara Joackim Minde

1st Respondent

Lucy Tracy Joackim Minde

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Revocation of Letters of Administration

Legal Issues

  1. 1 Whether the respondents failed to file inventory and statement of accounts as required by law
  2. 2 Whether the grant of administration has become inoperative due to miscommunication between co-administrators
  3. 3 Whether the Administrator General should be appointed as administrator

Ratio Decidendi

The respondents failed to file the required inventory and statement of accounts within the statutory and extended periods, and failed to seek further extension. Their lack of cooperation and communication rendered the grant inoperative. These failures justify revocation of their appointment as administrators under Section 49(1)(d) and (e) of the Probate and Administration of Estates Act.

Court Disposition

Application allowed in part

Orders

  • Revocation of appointment of Sara Joackim Minde and Lucy Tracy Joackim Minde as administrators of the estate of the late Joackim Victor Minde
  • Dismissal of request to appoint Administrator General