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Tanzania Judgment

TZHC

raza adballah bhimji 2022 tzhc 15576 16 november 2022

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Professional case brief

Research organized from the available case record

Source document

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. Banturaki

Raza Abdallah Fazal

Deceased

Kaniz Raza Fazal

Widow

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 16 November 2022

raza adballah bhimji 2022 tzhc 15576 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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Probate and Administration of Estates Act (Cap 352 R.E. 2002)

Legislation

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