MARIA JOSEPH SHAYO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA SUB-REGISTRY)

AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 6436 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE JOSEPH ANSELIM

SHAYO

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF

ADMINISTRATION BY 1. MARIA JOSEPH SHAYO............................. 1st PETITIONER 2. ALOIS NICHOLAUS SHAYO........................ 2nd PETITIONER

RULING 01 & 01/08/2024 MWENDA, J.: The petitioners, Maria Joseph Shayo and Alois Nicholaus Shayo, petitioned for grant of letters of administration of the estate of the late Joseph Anselim Shayo (the deceased). Upon issuance of the citation, no caveat was raised, and the matter proceeded with the hearing. The petitioners were represented by Mr. Hamad Muhammad Majura, learned counsel. However, when the matter was called on for hearing Mr. Keneth Ochina held brief for Mr. Hamad Muhammad Majura with instructions to proceed. Page 1 of 4 According to the petition, the deceased died testate at Arusha Lutheran Medical Center at Arusha on 30th day of June, 2023. During his life time the deceased acquired landed properties which he has left behind. The said properties are mentioned from paragraph 6 (1) up to 25 of the petition. Further to that, it is stated in the petition that during his lifetime, the deceased professed Christianity and had a place of abode at Arusha. In addition to that, the deceased prepared a will in which he named the petitioners as the executors. During hearing of this application Mr. Keneth Ochina briefly submitted that since the order to publish citation in the newspaper, which is widely circulated and also in the Government Gazette was complied with, and further that, as long as there is no caveat filed against the letter of administration, then this court

should find pleasure to grant letter of administration to the petitioners to administer the estate of the late JOSEPH ANSELIM SHAYO. From the pleadings and the oral submission by the learned counsel, the issue for determination is whether the petition for grant of letters of administration is fit to be granted. Page 2 of 4 From the record, it is apparent that the petition for grant of letters of administration is not disputed as there is no caveat which was raised after the issuance of the citation and publication in Mwananchi Newspaper dated 30th April 2024 and the Government Gazette, issue No.154 of 17th May 2024. It is also not in dispute that the deceased has left behind his landed properties which are mentioned under paragraph 6 (1) up to 25 of the petition and according to his will, he appointed the petitioners to be its executors. The record also shows that the said executors are(were) related to him in that the 1st petitioner is(was) his wife and the 2nd petitioner is(was) his brother. Further to that, it is evident from the petition papers that both petitioners promised to be faithful in administration of the estates to ensure the lawful heirs get their rights. It is settled law that the court can grant letters of administration to any person or more persons if it is satisfied that he/she is trustworthy, entrusted by the heirs, is entitled to the deceased's shares, has

interest in the estate, safety of the estates and that the estates will be properly administered. As it is provided for under Section 33 (2) of the Probate and Administration of Estates Act, Cap 352 R. E 2019, the petitioners Page 3 of 4 appear to be fit persons to be granted letters of administration of the deceased estates. That being said, I find and hold that the petition for grant of letters of administration has merits and it is hereby granted, and it is ordered as follows: (a) The petitioners, Maria Joseph Shayo and Alois Nicholaus Shayo are appointed to be the administrators of the estate of the late Joseph Anselim Shayo. (b) Letters of administration be issued. (c) The administrators to carry out their administration duty and file an inventory and final account within six (6)months from the date of appointment which is ,today the 01st of August 2024. It is so ordered. DATED at ARUSHA this 1st day of August, 2024. Page 4 of 4