musiba reni jigabha vs mugeta bwire bhakome 2022 tzhc 119 7 february 2022

musiba reni jigabha vs mugeta bwire bhakome 2022 tzhc 119 7 february 2022

An administrator of an intestate estate has no power to bequeath property to persons not listed as heirs in the petition without court approval; accounts bequeathing property to such persons cannot be confirmed and must be rejected.

Citation
musiba reni jigabha vs mugeta bwire bhakome 2022 tzhc 119 7 february 2022
Parties
Applicant: Monica Nyamakare Jigabha; Administrator/respondent: Mugeta Bwire Bhakome; Interested Party: Hawa Salum Mengele
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 February 2022
Procedural Posture
Probate and Administration Cause / Ruling on Application for Revocation of Grant and Confirmation of Accounts
Outcome
Application for revocation of letters of administration dismissed; administrator's accounts rejected for bequeathing to non-listed heir; administrator ordered to distribute estate to listed heirs only.
Legal Topics
Revocation of Grant of Letters of Administration, Distribution of Estate, Powers of Administrator, Heirship Determination
Source Language
English
Probate Succession Family Law Revocation of Grant of Letters of Administration Distribution of Estate Powers of Administrator Heirship Determination

Case Brief

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Parties

Monica Nyamakare Jigabha

Applicant

Mugeta Bwire Bhakome

Administrator/respondent

Hawa Salum Mengele

Interested Party

Procedural Posture

Probate and Administration Cause / Ruling on Application for Revocation of Grant and Confirmation of Accounts

Legal Issues

  1. 1 Whether the administrator's letters of administration should be revoked for failure to file proper accounts or for renunciation
  2. 2 Whether the administrator can bequeath estate property to a person not listed as heir in the petition without court approval

Ratio Decidendi

An administrator of an intestate estate has no power to bequeath property to persons not listed as heirs in the petition without court approval; accounts bequeathing property to such persons cannot be confirmed and must be rejected.

Court Disposition

Application for revocation of letters of administration dismissed; administrator's accounts rejected for bequeathing to non-listed heir; administrator ordered to distribute estate to listed heirs only.

Orders

  • Application for revocation of letters of administration is dismissed without costs.
  • Administrator's accounts bequeathing property to Hawa Salum Mengele are rejected.