20171026 TZHC Dar es Salaam

20171026 TZHC Dar es Salaam

The administrators failed to conclusively demonstrate compliance with statutory duties to file inventory and accounts. The court ordered them to file a full inventory and account within six months, finding this necessary for justice and compliance with the law.

Citation
20171026 TZHC Dar es Salaam
Parties
Applicant: Neema Adela Mbonela; Respondent/administrator: Theresia Mbonela Kuyangana; Respondent/administrator: Lt. Col. Joseph Leon Simbakalila; Respondent/administrator: Emmanuel Mantheakis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 October 2017
Procedural Posture
Miscellaneous Civil Cause (probate and Administration) / Ruling on Application for Orders Against Administrators
Outcome
Application partly granted
Legal Topics
Duties of Estate Administrators, Filing of Inventory and Accounts, Distribution of Estate to Heirs, Revocation of Grant
Source Language
English
Probate and Administration Civil Procedure Duties of Estate Administrators Filing of Inventory and Accounts Distribution of Estate to Heirs Revocation of Grant

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Parties

Neema Adela Mbonela

Applicant

Theresia Mbonela Kuyangana

Respondent/administrator

Lt. Col. Joseph Leon Simbakalila

Respondent/administrator

Emmanuel Mantheakis

Respondent/administrator

Procedural Posture

Miscellaneous Civil Cause (probate and Administration) / Ruling on Application for Orders Against Administrators

Legal Issues

  1. 1 Whether the administrators failed to bequeath the estate to the rightful heir
  2. 2 Whether the administrators failed to file inventory and accounts as required by law
  3. 3 Whether the applicant is entitled to revocation of grant and appointment as administrator

Ratio Decidendi

The administrators failed to conclusively demonstrate compliance with statutory duties to file inventory and accounts. The court ordered them to file a full inventory and account within six months, finding this necessary for justice and compliance with the law.

Court Disposition

Application partly granted

Orders

  • Administrators to file in court, within six months, an inventory containing a full and true estimate of all property, credits, and debts of the estate, along with an account showing assets received and their application or disposal.