19940816 TZHC Dar es Salaam

The court found that the deceased was in a condition that rendered him incapable of executing the Deed of Gift, and therefore the transfer was fraudulent; the property remains part of the estate and the application for revocation of the limited grant fails.

Citation: 19940816 TZHC Dar es Salaam
Parties: Petitioner/respondent: John Beseni Sanga; Applicant/respondent: Theresia Sanga
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 August 1994
Procedural Posture: Probate Administration Cause / Ruling on Application for Revocation of Limited Grant
Outcome: Application for revocation dismissed with costs; John Beseni Sanga granted letters of administration.
Legal Topics: Revocation of Grant, Fraudulent Transfer, Estate Administration
Source Language: English

Probate Succession Revocation of Grant Fraudulent Transfer Estate Administration

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Parties

John Beseni Sanga

Petitioner/respondent

Theresia Sanga

Applicant/respondent

Procedural Posture

Probate Administration Cause / Ruling on Application for Revocation of Limited Grant

Legal Issues

1 Whether the Deed of Gift transferring the guest house was valid or fraudulent
2 Whether the property forms part of the estate of Jamson Beseni Sanga
3 Whether the limited grant appointing John Beseni Sanga as administrator pendente lite should be revoked

Ratio Decidendi

Court Disposition

Application for revocation dismissed with costs; John Beseni Sanga granted letters of administration.

Orders

Application for revocation of limited grant dismissed with costs.
John Beseni Sanga granted letters of administration of the estate of Jamson Beseni Sanga.