simba makongoro vs megamba makongoro and 2 others 2020 tzhc 4622 21 december 2020

simba makongoro vs megamba makongoro and 2 others 2020 tzhc 4622 21 december 2020

The administrators, Megamba Makongoro and Adam Makongoro, were improperly appointed through fabricated minutes and failed to comply with mandatory procedural requirements, including timely filing of inventory and accounts. Their lack of faithfulness and misappropriation of estate assets disqualified them from administration. The primary court's appointment and subsequent proceedings were fundamentally flawed, warranting revocation and criminal investigation.

Citation
simba makongoro vs megamba makongoro and 2 others 2020 tzhc 4622 21 december 2020
Parties
Applicant: Simba Makongoro; 1st Respondent: Megamba Makongoro; 2nd Respondent: Adamu Makongoro; 3rd Respondent: Mwasumu Makongoro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 December 2020
Procedural Posture
Civil Revision / Ruling
Outcome
Appointment of all administrators revoked; primary and district court proceedings quashed; criminal investigation ordered.
Legal Topics
Appointment of Administrators, Misappropriation of Estate, Procedural Irregularities, Jurisdiction of Primary and District Courts, Accountability of Administrators
Source Language
English
Probate Civil Procedure Appointment of Administrators Misappropriation of Estate Procedural Irregularities Jurisdiction of Primary and District Courts Accountability of Administrators

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Simba Makongoro

Applicant

Megamba Makongoro

1st Respondent

Adamu Makongoro

2nd Respondent

Mwasumu Makongoro

3rd Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the Probate and Administration of Estates Act, Cap. 352 R.E. 2019 applies to probate proceedings originating from the primary court
  2. 2 Whether it was proper for administrators appointed in 2014 to fail to file inventory in Form V and Form VI until 6/7/2018
  3. 3 Whether the first two administrators were properly appointed

Ratio Decidendi

The administrators, Megamba Makongoro and Adam Makongoro, were improperly appointed through fabricated minutes and failed to comply with mandatory procedural requirements, including timely filing of inventory and accounts. Their lack of faithfulness and misappropriation of estate assets disqualified them from administration. The primary court's appointment and subsequent proceedings were fundamentally flawed, warranting revocation and criminal investigation.

Court Disposition

Appointment of all administrators revoked; primary and district court proceedings quashed; criminal investigation ordered.

Orders

  • Revocation of appointment of Megamba Makongoro, Adam Makongoro, and Mwasumu Makongoro as administrators.
  • Quashing of primary and district court proceedings appointing administrators.