nyamagori nyamagori vs kibibi fundikira 2017 tzhc 2054 22 september 2017

nyamagori nyamagori vs kibibi fundikira 2017 tzhc 2054 22 september 2017

The appellant was not a fit person to be administratrix as she failed to protect the interests of all beneficiaries, did not distribute the estate, excluded the respondent from the appointment process without justification, and acted contrary to her duties. The grounds for revocation were sufficient and the appeal lacked merit.

Citation
nyamagori nyamagori vs kibibi fundikira 2017 tzhc 2054 22 september 2017
Parties
Appellant: Nyamagori Nyamagori; Respondent: Kibibi Fundikira
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2017
Procedural Posture
Probate Appeal / Second Appeal From District Court Decision, High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Revocation of Grant of Letters of Administration, Duties of Administratrix, Beneficiaries' Rights, Appointment of Administrator, Abuse of Process
Source Language
English
Probate Succession Revocation of Grant of Letters of Administration Duties of Administratrix Beneficiaries' Rights Appointment of Administrator Abuse of Process

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Parties

Nyamagori Nyamagori

Appellant

Kibibi Fundikira

Respondent

Procedural Posture

Probate Appeal / Second Appeal From District Court Decision, High Court Judgment

Legal Issues

  1. 1 Whether the revocation of the grant of letters of administration to the appellant was legally justified
  2. 2 Whether the appellant failed in her duties as administratrix of the estate
  3. 3 Whether the respondent was improperly excluded from the appointment process

Ratio Decidendi

The appellant was not a fit person to be administratrix as she failed to protect the interests of all beneficiaries, did not distribute the estate, excluded the respondent from the appointment process without justification, and acted contrary to her duties. The grounds for revocation were sufficient and the appeal lacked merit.

Court Disposition

Appeal dismissed

Orders

  • Decisions of the District Court of Bunda in (PC) Probate Appeal Case No. 05 of 2015 and Bunda Urban Primary Court in Objection Cause No. 13 of 2015 confirmed and upheld.
  • No order as to costs; each party to bear its own costs.