Due to the severely strained relationship between the petitioner and other beneficiaries, and the escalation of disputes, the petitioner is not fit to be appointed administrator. A neutral person should be appointed to ensure fair and impartial administration of the estate.
The application was dismissed because it was filed outside the six-month limitation period prescribed by section 17 of the Administrator General (Powers and Functions) Act for revocation of letters of administration granted to the Administrator General, and no sufficient cause for delay was shown.
Once the estate of the deceased is distributed by administrators and the probate cause is closed without challenge, beneficiaries receive full ownership rights and may lawfully transfer or sell the land; the District Land and Housing Tribunal cannot revisit the validity of a will not recognized by the probate court.
Probatecation of the probate and administration of the estate of the late william hassan kampton granted to william mosses kampton 2 others between brends william kamoton 2 o
The respondents' appointment as administrators was fraudulently procured by concealing the existence and capability of other beneficiaries, specifically the applicants, who as immediate children of the deceased are entitled to administer the estate. The grant to the respondents is revoked and the applicants are appointed as joint administrators.
The court held that the District Court was correct in ordering dual administration to protect the interests of all beneficiaries, including those deriving rights through the late Evarist Qamara Xhiffi, and specifically appointed the 3rd respondent as co-administrator with the appellant.
Civil procedurebahati ibrahim as administratrix of the estate of the late hadija mohamed vs nafisa mohamed as an administratrix of the estate of the late jamila mursal and another 20
The applicant met all three conditions for a temporary injunction: there is a serious question to be tried regarding the validity of the sale and consent of beneficiaries; the applicant, as a beneficiary and occupant, faces irreparable harm if evicted; and the balance of convenience favors the applicant, as she has not received her share and stands to suffer more than the respondents if the injunction is not granted.
The High Court refused extension of time to seek revision of a probate decision, finding the alleged illegality concerned the respondent’s conduct, not the court’s.
The High Court dismissed an application challenging an estate inventory, holding that the first applicant lacked standing and the second applicant’s claim was insufficiently supported.
The High Court allowed a probate appeal in part, restored the appellant as administrator, and required completion of estate distribution and submission of a signed inventory.
Land lawzahoro salum zahoro vs salma issa mtambo being the administratrix of the estate of the late katembe simba and 4 others 2020 tzhclandd 2327 29 september 2020
The plaintiff lawfully purchased the suit property from the first defendant as administrator, but the sale is subject to an encumbrance of 25% of the value in favour of the fourth defendant (as administrator of the estate of Asha Mwinyimvua) based on prior probate court orders. The plaintiff must pay the balance of the purchase price, including the fourth defendant's share, before obtaining vacant possession. The beneficiaries' consent was not required for the sale, and the alleged forgery in affidavits of consent did not vitiate the transaction.