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
Case Brief
Summary, issues, holding and outcome
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Parties
Sylivester J. Yaredi
Appellant
Winfrida J. Yaredi
Respondent
Procedural Posture
Probate Appeal / Second Appeal
Legal Issues
- 1 Whether the Respondent was qualified to be appointed as administratrix of the deceased's estate
- 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
Full Case Text
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