oluwa mkando vs kassim omari 2019 tzhc 2085 28 january 2019

oluwa mkando vs kassim omari 2019 tzhc 2085 28 january 2019

Application dismissed due to substantive inconsistencies in applicant's affidavit regarding date of death and plot number, which undermine suitability for temporary administration.

Citation
oluwa mkando vs kassim omari 2019 tzhc 2085 28 january 2019
Parties
Applicant: Oluwa Mkando; Deceased: Kassim Omari; Objector: Hussein Kassim Omari; Temporary Administrator: Mariam Kassim Benjamin
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 January 2019
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Temporary Administration Pending Probate
Outcome
Application dismissed
Legal Topics
Temporary Administration, Validity of Will, Appointment of Administrator
Source Language
English
Probate Estate Administration Temporary Administration Validity of Will Appointment of Administrator

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Parties

Oluwa Mkando

Applicant

Kassim Omari

Deceased

Hussein Kassim Omari

Objector

Mariam Kassim Benjamin

Temporary Administrator

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Temporary Administration Pending Probate

Legal Issues

  1. 1 Whether applicant should be appointed temporary administrator pending determination of probate cause
  2. 2 Whether inconsistencies in applicant's affidavit defeat the application

Ratio Decidendi

Application dismissed due to substantive inconsistencies in applicant's affidavit regarding date of death and plot number, which undermine suitability for temporary administration.

Court Disposition

Application dismissed

Orders

  • Hussein Kassim Omari and Mariam Kassim Benjamin appointed temporary administrators to handle estate and distribute rent proceeds fairly.
  • Deputy Registrar to resolve any misunderstandings among heirs pending final determination.