ndeshukurwa elisaria msuya vs miriam steven mrita 2021 tzhc 6923 27 october 2021

ndeshukurwa elisaria msuya vs miriam steven mrita 2021 tzhc 6923 27 october 2021

The respondent's appointment as administratrix is revoked due to failure to file inventory and accounts within the statutory period and inability to perform duties while in prison. The closure of the probate file did not revoke the letters of administration. The court appoints Kelvin Erasto Msuya and Gloria Erasto Msuya as new administrators, directing them to file inventory and accounts within specified periods.

Citation
ndeshukurwa elisaria msuya vs miriam steven mrita 2021 tzhc 6923 27 october 2021
Parties
Applicant: Ndeshukurwa Elisaria Msuya; Respondent: Miriam Steven Mrita
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 October 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revocation of Grant of Letters of Administration
Outcome
Application granted
Legal Topics
Revocation of Grant of Letters of Administration, Duties of Administrator, Failure to File Inventory and Accounts, Appointment of New Administrators
Source Language
English
Probate Succession Civil Procedure Revocation of Grant of Letters of Administration Duties of Administrator Failure to File Inventory and Accounts Appointment of New Administrators

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Parties

Ndeshukurwa Elisaria Msuya

Applicant

Miriam Steven Mrita

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent's appointment as administratrix should be revoked for failure to file inventory and accounts and for being in prison
  2. 2 Whether the closure of the probate file terminated the office of administrator
  3. 3 Who should be appointed as new administrator(s)

Ratio Decidendi

The respondent's appointment as administratrix is revoked due to failure to file inventory and accounts within the statutory period and inability to perform duties while in prison. The closure of the probate file did not revoke the letters of administration. The court appoints Kelvin Erasto Msuya and Gloria Erasto Msuya as new administrators, directing them to file inventory and accounts within specified periods.

Court Disposition

Application granted

Orders

  • Revocation of respondent's grant of letters of administration
  • Respondent to surrender revoked grant