20161129 TZHC Dar es Salaam 1

20161129 TZHC Dar es Salaam 1

The court found that the 2nd applicant, Clifton Kamau Machess, is the son of the deceased based on the birth certificate and supporting affidavit, and is entitled to be included as a beneficiary. However, the application for revocation of the letters of administration was dismissed as the supporting affidavit did not establish grounds for revocation under the law.

Citation
20161129 TZHC Dar es Salaam 1
Parties
Applicant: Magreth Wangari Kamau; Applicant: Clifton Kamau Machess; Respondent: Lucy Macharia
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 November 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Be Included as Beneficiary and for Revocation of Letters of Administration
Outcome
Partly allowed and partly dismissed
Legal Topics
Revocation of Letters of Administration, Inclusion of Beneficiaries, Intestate Succession
Source Language
English
Probate and Administration Revocation of Letters of Administration Inclusion of Beneficiaries Intestate Succession

Case Brief

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Parties

Magreth Wangari Kamau

Applicant

Clifton Kamau Machess

Applicant

Lucy Macharia

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Be Included as Beneficiary and for Revocation of Letters of Administration

Legal Issues

  1. 1 Whether the applicants should be included as beneficiaries of the deceased's estate
  2. 2 Whether the letters of administration granted to the respondent should be revoked

Ratio Decidendi

The court found that the 2nd applicant, Clifton Kamau Machess, is the son of the deceased based on the birth certificate and supporting affidavit, and is entitled to be included as a beneficiary. However, the application for revocation of the letters of administration was dismissed as the supporting affidavit did not establish grounds for revocation under the law.

Court Disposition

Partly allowed and partly dismissed

Orders

  • Clifton Kamau Machess to be included in the list of beneficiaries of the late Machess Macharia's estate
  • Application for revocation of letters of administration to Lucy Macharia dismissed