Khadija Khafan

Khadija Khafan

The petition for letters of administration was uncontested, the petitioner is a sibling and has the consent of the heir and clan, thus is entitled to be appointed administrator. The application regarding leave for appeal is struck out as redundant due to statutory amendment removing the leave requirement.

Citation
Khadija Khafan
Parties
Petitioner: Khadija Iddi Khalfan; Supporter: Kulwa Idd Khalfan; Heir/supporter: Mariam Khalfan Lutenja; Respondent Advocate: Simba Adv
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
26 August 2023
Procedural Posture
Probate and Administration of Estate / Ruling on Petition for Grant of Letters of Administration
Outcome
Petition for grant of letters of administration granted; application regarding leave for appeal struck out as redundant.
Legal Topics
Grant of Letters of Administration, Uncontested Probate, Amendment of Appellate Jurisdiction Act
Source Language
English
Probate Succession Law Grant of Letters of Administration Uncontested Probate Amendment of Appellate Jurisdiction Act

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Parties

Khadija Iddi Khalfan

Petitioner

Kulwa Idd Khalfan

Supporter

Mariam Khalfan Lutenja

Heir/supporter

Simba Adv

Respondent Advocate

Procedural Posture

Probate and Administration of Estate / Ruling on Petition for Grant of Letters of Administration

Legal Issues

  1. 1 Whether the petitioner is entitled to be granted letters of administration of the estate of the late Khalfan Idd Lutenja
  2. 2 Effect of amendments to section 5 of the Appellate Jurisdictions Act on leave requirements for appeal

Ratio Decidendi

The petition for letters of administration was uncontested, the petitioner is a sibling and has the consent of the heir and clan, thus is entitled to be appointed administrator. The application regarding leave for appeal is struck out as redundant due to statutory amendment removing the leave requirement.

Court Disposition

Petition for grant of letters of administration granted; application regarding leave for appeal struck out as redundant.

Orders

  • Letters of administration granted to Khadija Iddi Khalfan.
  • Administrator to file inventory and final account within 6 months, by 21st September 2024.