selbelga beno komba vs anitha beno komba and 3 others 2023 tzhc 19905 4 august 2023

selbelga beno komba vs anitha beno komba and 3 others 2023 tzhc 19905 4 august 2023

Plaintiff is entitled to be appointed as administratrix of the estate as she is the sole child and was nominated by family meeting; caveat lacks merit as defendants did not prove their claims and did not apply for letters of administration.

Citation
selbelga beno komba vs anitha beno komba and 3 others 2023 tzhc 19905 4 august 2023
Parties
Plaintiff: Selbelga Beno Komba; 1st Defendant: Anitha Beno Komba; 2nd Defendant: Rehema Kandidus Milinga; 3rd Defendant: Gerold Gerold Shonga; 4th Defendant: Kandidus Wilgis Komba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2023
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim allowed; caveat overruled; letters of administration to be granted in Probate Cause No. 1 of 2022; no general damages; each party to bear own costs.
Legal Topics
Letters of Administration, Caveat, Appointment of Administrator, Distribution of Estate
Source Language
English
Probate Succession Letters of Administration Caveat Appointment of Administrator Distribution of Estate

Case Brief

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Parties

Selbelga Beno Komba

Plaintiff

Anitha Beno Komba

1st Defendant

Rehema Kandidus Milinga

2nd Defendant

Gerold Gerold Shonga

3rd Defendant

Kandidus Wilgis Komba

4th Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to be appointed as administrator of the estate of the late Beno Lipinda Komba
  2. 2 What reliefs are the parties entitled to

Ratio Decidendi

Plaintiff is entitled to be appointed as administratrix of the estate as she is the sole child and was nominated by family meeting; caveat lacks merit as defendants did not prove their claims and did not apply for letters of administration.

Court Disposition

Plaintiff's claim allowed; caveat overruled; letters of administration to be granted in Probate Cause No. 1 of 2022; no general damages; each party to bear own costs.

Orders

  • Defendants' caveats overruled
  • Letters of administration to be granted to plaintiff in Probate Cause No. 1 of 2022