20181211 TZHC Mwanza2

20181211 TZHC Mwanza2

The Appellant failed to discharge his duties as administrator by not filing inventory in time, renovating estate property without consent, and residing far from the estate, making him unsuitable. The Respondent, as the widow and resident near the estate, is better positioned to administer the estate. There is no sufficient reason to disturb the lower courts' decisions.

Citation
20181211 TZHC Mwanza2
Parties
Appellant: Sylivester J. Yaredi; Respondent: Winfrida J. Yaredi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 December 2018
Procedural Posture
Probate Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Appointment of Administrator, Revocation of Letters of Administration, Neutrality of Administrator, Trustworthiness in Estate Administration
Source Language
English

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Parties

Sylivester J. Yaredi

Appellant

Winfrida J. Yaredi

Respondent

Procedural Posture

Probate Appeal / Second Appeal

  1. 1 Whether the Respondent was qualified to be appointed as administratrix of the deceased's estate
  2. 2 Whether revocation of the Appellant's appointment as administrator was justified

Ratio Decidendi

The Appellant failed to discharge his duties as administrator by not filing inventory in time, renovating estate property without consent, and residing far from the estate, making him unsuitable. The Respondent, as the widow and resident near the estate, is better positioned to administer the estate. There is no sufficient reason to disturb the lower courts' decisions.

Court Disposition

appeal dismissed

Orders

  • Each party to bear own costs