raza adballah bhimji 2022 tzhc 15576 16 november 2022
- Citation
- raza adballah bhimji 2022 tzhc 15576 16 november 2022
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 16 November 2022
- Posture
- Probate and Administration Cause / Ruling on Application for Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 16 November 2022
- Posture
- Probate and Administration Cause / Ruling on Application for Letters of Administration
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The petitioner, having been nominated by the family and no objections having been raised after proper citation, meets the legal requirements for grant of letters of administration.
Court disposition
Letters of administration granted to Abaas Ali Bhimji.
Orders
- Administrator to perform duties in accordance with the law.
- Administrator to file an inventory in court within six months as per section 107 of the Probate and Administration of Estates Act.
02
Material facts
Parties
Abaas Ali Bhimji
Petitioner Counsel: Mr. BanturakiRaza Abdallah Fazal
DeceasedKaniz Raza Fazal
Widow03
Procedural history
Posture
Probate and Administration Cause / Ruling on Application for Letters of Administration
04
Questions and positions
Legal issues
Whether the petitioner is entitled to letters of administration for the estate of the deceased
Party arguments
- Applicant
- The petitioner is a near relative of the deceased, nominated by the family, and has complied with all legal requirements including publication of citation.
- Respondent
- No caveat or objection was filed; no respondent argument presented.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration of Estates Act (Cap 352 R.E. 2002), section 107
Court must be satisfied that legal prerequisites for grant of letters of administration are met, including publication of citation and absence of objections.
06
Ratio, limits and disposition
Ratio decidendi
The petitioner, having been nominated by the family and no objections having been raised after proper citation, meets the legal requirements for grant of letters of administration.
Court disposition
Letters of administration granted to Abaas Ali Bhimji.
- Administrator to perform duties in accordance with the law.
- Administrator to file an inventory in court within six months as per section 107 of the Probate and Administration of Estates Act.
Source and reliance status
TZHC · 16 November 2022
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 16 November 2022
IN THE HIGH COURT OF TANZANIA
THE DISTRICT REGISTRY OF BUKOBA
AT BUKOBA PROBATE AND ADMINISTRATION CAUSE NO. 02 OF 2022
IN THE MATTER OF THE ESTATE OF THE LATE RAZA ABDALLAH FAZAL
AND
IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINISTRATION
BY ABAAS ALI BHIMJI
RULING 1 ’ 02 * F 2022 Dates; 16^ November 2022 & 16th November 2022 OTARU, J.: The deceased in this Matter, RAZA ABDALLAH FAZA died interstate on 20th day of January 2022 at Bukoba Government Hospital and was buried at Bukoba on 21st day of January 2022. ABAAS ALI BHIMJI, a near relative of the deceased and a person appointed by the family to be the administrator of his estate, has petitioned for the grant of the letters of administration. Counsel for the Petitioner satisfied the court to have published the Petition by general citation in Uhuru Newpaper of 25th August 2022 at page 20. No Caveat or Objection has been filed to oppose the Petition. This Court is called upon to determine whether the petition has merit. The duty of this court is to satisfy itself and see if the prerequisite conditions have been complied with before granting to the Petitioner the letters of administration. Owing to the fact that no caveat or objection has been filed after the citation was published, I am satisfied that this is a non-contentious Matter. I am also satisfied that the Petitioner has been nominated by the family as evidenced by the minutes of the meeting dated 22nd January 2022. I am therefore convinced that the Petition attains the threshold for its grant, without much ado, I hereby grant the letters of administration of the estate of the late RAZA ABDALLAH FAZAL to ABAAS ALI BHIMJI. It
is ordered that the appointed administrator herein should perform his duties within the dictates of the law and file an inventory in this court as per section 107 of the Probate and Administration of Estates Act, (Cap 352 R.E. 2002), within six months from the date of this Order. It is so ordered. Dated at Bukoba, this ...4j?... day of 2022. ■ M.P. Otaru Judge 2 This Ruling is delivered this 16th day of November 2022 in the presence of Mr. Abaas Ali Bhimji (the Petitioner), Mrs. Kaniz Raza Fazal (the widow) and Mr. Banturaki, learned advocate for the Petitioner. 3
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