samson emson masangwa another vs magreth emson masangwas 2018 tzhc 2510 19 october 2018

samson emson masangwa another vs magreth emson masangwas 2018 tzhc 2510 19 october 2018

The applicants failed to establish any of the statutory grounds for revocation under section 49(1) of the PAEA, did not substantiate allegations of forgery, and did not account for the inordinate delay in filing the application. The application was therefore dismissed as devoid of merit.

Source-derived case information.

Citation
samson emson masangwa another vs magreth emson masangwas 2018 tzhc 2510 19 october 2018
Parties
Applicant: Samson Emson Masangwa; Applicant: Philipina Emson Masangwa; Respondent: Magreth Emson Masangwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 October 2018
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Revocation of Grant
Outcome
Application dismissed with costs
Legal Topics
Revocation of Grant, Delay in Filing, Forgery Allegations, Inventory and Account Requirements
Source Language
english
Probate and Administration Revocation of Grant Delay in Filing Forgery Allegations Inventory and Account Requirements

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Parties

Samson Emson Masangwa

Applicant

Philipina Emson Masangwa

Applicant

Magreth Emson Masangwa

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Revocation of Grant

Legal Issues

  1. 1 Whether the applicants have established grounds for revocation of the letters of administration under section 49(1) of the Probate and Administration of Estates Act
  2. 2 Whether the application is barred by inordinate delay
  3. 3 Whether allegations of forgery and defective inventory are substantiated

Ratio Decidendi

The applicants failed to establish any of the statutory grounds for revocation under section 49(1) of the PAEA, did not substantiate allegations of forgery, and did not account for the inordinate delay in filing the application. The application was therefore dismissed as devoid of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs