20190523 TZHC Dar es Salaam

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

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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

  1. 1 Whether the Letters of Administration granted to the respondents should be revoked
  2. 2 Whether the Administrator General should be appointed as administrator
  3. 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.