neema adela mbonela vs theresia mbonela kuyangana and others 2020 tzhc 642 31 march 2020

neema adela mbonela vs theresia mbonela kuyangana and others 2020 tzhc 642 31 march 2020

The administrators failed to comply with the court's order to file a true and full inventory of the deceased's estate, and must now do so within three months. The applicant is entitled to distribution as the rightful heir, but the application is only partly allowed as the evidence for additional properties was insufficient.

Citation
neema adela mbonela vs theresia mbonela kuyangana and others 2020 tzhc 642 31 march 2020
Parties
Applicant: Neema Adela Mbonela; 1st Respondent: Theresia Mbonela Kuyangana; 2nd Respondent: Lt. Col. Joseph Leon Simbakalia; 3rd Respondent: Emmanuel Mantheakis
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2020
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Orders Regarding Administration of Estate
Outcome
Application partly allowed
Legal Topics
Inventory of Estate, Distribution to Heirs, Administrator's Duties, Compliance With Court Orders
Source Language
English
Probate Estate Administration Inventory of Estate Distribution to Heirs Administrator's Duties Compliance With Court Orders

Case Brief

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Parties

Neema Adela Mbonela

Applicant

Theresia Mbonela Kuyangana

1st Respondent

Lt. Col. Joseph Leon Simbakalia

2nd Respondent

Emmanuel Mantheakis

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Orders Regarding Administration of Estate

Legal Issues

  1. 1 Whether the administrators filed a true and full inventory of the deceased's estate
  2. 2 Whether the applicant is the sole heir entitled to the estate
  3. 3 Whether the administrators complied with court orders regarding estate administration

Ratio Decidendi

The administrators failed to comply with the court's order to file a true and full inventory of the deceased's estate, and must now do so within three months. The applicant is entitled to distribution as the rightful heir, but the application is only partly allowed as the evidence for additional properties was insufficient.

Court Disposition

Application partly allowed

Orders

  • Respondents to file a true and full inventory of the Late Mathias Sibomana Mbonela within three months from the date of the ruling