20190523 TZHC Dar es Salaam
The court endorsed the Deed of Settlement filed by the parties as the final and enforceable decree, resolving all issues by consent.
- Citation
- 20190523 TZHC Dar es Salaam
- Parties
- Applicant: Raphael Mniko Mahende; Respondent: John Mniko; Respondent: Robert Mniko; Respondent: Jackson Mniko
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 May 2019
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Settlement
- Outcome
- Settled by consent; Deed of Settlement recorded as decree of the court.
- Legal Topics
- Revocation of Letters of Administration, Settlement Agreement, Estate Administration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Raphael Mniko Mahende
Applicant
John Mniko
Respondent
Robert Mniko
Respondent
Jackson Mniko
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Settlement
Legal Issues
- 1 Whether the Letters of Administration granted to the respondents should be revoked
- 2 Whether the Administrator General should be appointed as administrator
- 3 Whether the deceased's house should be sold and proceeds distributed
Ratio Decidendi
The court endorsed the Deed of Settlement filed by the parties as the final and enforceable decree, resolving all issues by consent.
Court Disposition
Settled by consent; Deed of Settlement recorded as decree of the court.
Orders
- Deceased's house at Plot No. 4 Kawe Beach Area to be sold upon agreement of all beneficiaries and suitable buyer found.
- Respondents to pay Tshs. 2,000,000 to the applicant after rent from Kawe Beach house is paid in 2019.
Full Case Text
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