in the matter of the estate of the late aisha kadria msoffe vs in the matter of the application for a grant of letters of administration by genard peter msoffe 2024 tz
- Citation
- in the matter of the estate of the late aisha kadria msoffe vs in the matter of the application for a grant of letters of administration by genard peter msoffe 2024 tz
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 2024
- Posture
- Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 2024
- Posture
- Probate and Administration Cause / Ruling on Petition for Grant of 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 complied with all legal requirements and faced no objection, is entitled to be appointed administrator of the deceased's estate.
Court disposition
Petition granted
Orders
- Letters of administration granted to Genard Peter Msoffe
- Administrator to file inventory and final accounts within three months in accordance with the law
02
Material facts
Parties
Genard Peter Msoffe
PetitionerAisha Kadria Msoffe
DeceasedPhillip Peter Msoffe
Beneficiary03
Procedural history
Posture
Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
04
Questions and positions
Legal issues
Whether the petitioner is entitled to be granted letters of administration for the estate of the deceased
Party arguments
- Applicant
- The petitioner provided evidence of the deceased's death, proof of intestacy, and minutes of a family meeting appointing him as administrator. He complied with publication requirements and no caveat was lodged.
- Respondent
- No respondent appeared or objected.
05
Court’s reasoning
Legal principles
- 01
Tanzanian succession law
Letters of administration may be granted to a suitable applicant where the deceased died intestate and due process is followed, including publication and absence of caveat.
06
Ratio, limits and disposition
Ratio decidendi
The petitioner, having complied with all legal requirements and faced no objection, is entitled to be appointed administrator of the deceased's estate.
Court disposition
Petition granted
- Letters of administration granted to Genard Peter Msoffe
- Administrator to file inventory and final accounts within three months in accordance with the law
Source and reliance status
TZHC · 1 January 2024
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· 1 January 2024
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA TEMEKE SUB-REGISTRY (ONE STOP JUDICIAL CENTRE)
AT TEMEKE PROBATE AND ADMINISTRATION CAUSE NO. 28119 OF 2023
IN THE MATTER OF THE ESTATE OF THE LATE
AISHA KADRIA MSOFFE
AND
IN THE MATTER OF THE APPLICATION FOR A GRANT OF LETTERS OF
ADMINISTRATION BY
GENARD PETER MSOFFE
RULING 20nd & 20nd February, 2024 BARTHY, J.: Before this court, Genard Peter Msoffe filed a petition for a grant of letters to administer the estate of his late wife Aisha Kadria Msoffe who passed away on 15th July 2023. Having reviewed the petition presented by Genard Peter Msoffe, who is accompanied by Phillip Peter Msoffe before this court, who is one of the beneficiaries, this court acknowledges the diligent publication of the general citation in the government gazette Vol. No. 3 dated January i 19, 2024, and in the Mwananchi newspaper dated January 26, 2024, on page 20. The petitioner, Genard Peter Msoffe, presents compelling evidence in the form of the deceased's death certificate, confirming her passing on 15th day of July 2023, at Muhimbili Hospital. It is further noted that the deceased died intestate, prompting a family meeting to appoint Genard Peter Msoffe as the administrator of the estate, supported by the minutes of said meeting as annexed to the petition. Considering the evidence provided in support of the petition, this court finds merit in the petitioner's prayer for the grant of letters of administration. Furthermore, since no caveat has been lodged since the publication of the general citation, it is evident that the petitioner is the appropriate individual to be appointed as the administrator of the late Aisha Kadria Msoffe's estate. Therefore, the court
grants the letters of administration to Genard Peter Msoffe, enabling him to effectively administer the estate of the deceased in accordance the law. The administrator is hereby directed to present a correct inventory of the deceased estate and file final accounts within three months from 2 today. This task is to be carried out in compliance with the applicable laws and regulations governing the administration of estates in Tanzania. Dated at Dar es Salaam this 20th of February, 2024. 3
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