michael celsius sadda vs veronica clara essanga 2021 tzhc 7631 28 october 2021

michael celsius sadda vs veronica clara essanga 2021 tzhc 7631 28 october 2021

The applicant's claims do not fall within the ambit of section 49(1)(b) of the Probate and Administration of Estate Act as the arguments relate to matters that should have been raised by caveat before the grant was made. The respondent's actions do not amount to fraudulent concealment as she was not aware of the applicant's status at the time of the petition. The application is thus without merit and is dismissed.

Citation
michael celsius sadda vs veronica clara essanga 2021 tzhc 7631 28 october 2021
Parties
Applicant: Michael Celsius Sadda; Respondent: Veronica Clara Essanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 October 2021
Procedural Posture
Misc. Civil Application / Ruling on Application for Revocation of Letters of Administration
Outcome
Application dismissed
Legal Topics
Revocation of Letters of Administration, Heir Exclusion, Fraudulent Concealment, Procedural Objections in Probate, Caveat Procedure
Source Language
English
Probate and Administration Civil Procedure Revocation of Letters of Administration Heir Exclusion Fraudulent Concealment Procedural Objections in Probate Caveat Procedure

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Parties

Michael Celsius Sadda

Applicant

Veronica Clara Essanga

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Revocation of Letters of Administration

Legal Issues

  1. 1 Whether the respondent fraudulently concealed the applicant's status as a rightful heir to obtain letters of administration
  2. 2 Whether the applicant has established sufficient grounds under section 49(1)(b) of the Probate and Administration of Estate Act for revocation of the grant

Ratio Decidendi

The applicant's claims do not fall within the ambit of section 49(1)(b) of the Probate and Administration of Estate Act as the arguments relate to matters that should have been raised by caveat before the grant was made. The respondent's actions do not amount to fraudulent concealment as she was not aware of the applicant's status at the time of the petition. The application is thus without merit and is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for revocation of letters of administration is dismissed in its entirety as devoid of merit.
  • No order as to costs.