19830103 TZHC Dar es Salaam

19830103 TZHC Dar es Salaam

The respondent, as administrator, failed to maintain or benefit the widow and children, the primary beneficiaries. The interests of justice and protection of beneficiaries require the application of the Probate and Administration Ordinance and revocation of the respondent's appointment.

Citation
19830103 TZHC Dar es Salaam
Parties
Applicant/appellant: Rehema Mohamed; Respondent: Rajabu Mbege
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 January 1983
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Application for Direction and Revocation of Administrator
Outcome
Application granted with costs to the applicant.
Legal Topics
Revocation of Administrator, Application of Probate and Administration Ordinance, Maintenance of Beneficiaries, Custody of Children
Source Language
English
Probate and Administration Family Law Revocation of Administrator Application of Probate and Administration Ordinance Maintenance of Beneficiaries Custody of Children

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Parties

Rehema Mohamed

Applicant/appellant

Rajabu Mbege

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Application for Direction and Revocation of Administrator

Legal Issues

  1. 1 Whether the Probate and Administration Ordinance should apply to the estate of Sudi Mbegeta
  2. 2 Whether the appointment of the respondent as administrator should be revoked
  3. 3 Whether the interests of the widow and children are being protected

Ratio Decidendi

The respondent, as administrator, failed to maintain or benefit the widow and children, the primary beneficiaries. The interests of justice and protection of beneficiaries require the application of the Probate and Administration Ordinance and revocation of the respondent's appointment.

Court Disposition

Application granted with costs to the applicant.

Orders

  • The provisions of the Probate and Administration Ordinance shall apply to the estate of Sudi Mbegeta.
  • The appointment of the respondent as administrator is revoked forthwith.