Tanzania Case Law

Ruling Miscellaneous Civil Application No

Court

TANZLII

The respondents failed to file the required inventory and statement of accounts within the statutory and extended periods, and failed to seek further extension. Their lack of cooperation and communication rendered the grant inoperative. These failures justify revocation of their appointment as administrators under Section 49(1)(d) and (e) of the Probate and Administration of Estates Act.

Source excerpt

• Revocation of letters of administration
• Appointment of administrator
• Duties of administrator
• Filing of inventory and accounts

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lication by mr gladwashiton mariki ns mrs mary maeda legal administrator of the estate for extension of time within which to file inventory and accounts in respect of

Court

TZHC

Despite the application being filed after expiry of the statutory period, the applicants demonstrated good cause for the delay due to the need to complete registration of share transmission and updating of company records, and the court exercised its discretion to grant extension in the interest of justice and to avoid prejudice to the estate and beneficiaries.

Source excerpt

• Extension of time
• Filing of inventory and accounts
• Administration of estates

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gabriel joseph administrator of the estate of the late joseph chacha muhohi vs ambrose gwasi mukohi and 2 others 2020 tzhc 3692 24 september 2020

Court

TZHC

The administrator failed to file the required inventory and statement of account within the statutory period, and there was no evidence of proper closure of the administration. His mandate ceased by operation of law, rendering all subsequent acts as administrator null and void. The right to be heard was violated by the district court's failure to invite parties to address issues raised suo motu. The administration of the estate remains open and must be properly concluded.

Source excerpt

• Revocation of administrator
• Filing of inventory and accounts
• Right to be heard
• Closure of probate proceedings

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Court

TANZLII

The administrator (respondent) complied with court orders to file inventory and accounts, and any delay was due to court directions and not his fault; the trial court's failure to close the file caused the prolonged process. The first appellate court erred in re-appointing the respondent instead of discharging him after completion of duties.

Source excerpt

• Administrator duties
• Revocation of administrator
• Filing of inventory and accounts
• Extension of time in probate
• Discharge of administrator

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20171026 TZHC Dar es Salaam

Court

TZHC

The High Court ordered estate administrators to file an inventory and accounts within six months, holding that statutory probate duties had not been shown to be fully met.

• Duties of estate administrators
• Filing of inventory and accounts
• Distribution of estate to heirs
• Revocation of grant
• Probate-administration
• Estate-administration

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20160212 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed an application to revoke letters of administration, finding no proved breach of duty and treating the inventory delay as non-fatal.

• Revocation of letters of administration
• Duties of administrator
• Filing of inventory and accounts
• Misappropriation of estate
• Failure to distribute estate
• Revocation-of-letters-of-administration

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