PROBATE AND ADMIN

IN THE HIGH COURT OF TANZANIA ARUSHA SUB-REGISTRY

AT ARUSHA Probate and Administration Cause NO. 2729 OF 2024

IN THE MATTER OF ESTATE OF THE LATE BONIFACE ALBERT MTANDIKA.............................................................DECEASED

AND

IN THE MATTER OF APPLICATION FOR PROBATE BY AQUILINA BONIFACE MTANDIKA.................................................. PETITIONER

RULING 04/06/2024 & 14/06/2024. D.D NDUMBARO, J The petitioner has petitioned for an order to grant probate of the Estate of Boniface Albert Mtandika who died intestate. The court was moved under the provision of sections 56 of Probate and Administration of Estate Act Cap 352 R.E 2002 and Probate rule 32, accompanied by necessary documents to satisfy the requirements of the petition for letters of administration under sections 56, 66 and 67 and rules 65, 66 and 64 69 39 65 71 as petition of probate, administrators' oath, affidavit as to domicile with sureties, administrators oath, certificate of surety financial position, Consent as to beneficiaries and copy of the death certificate respectively. Records show the deceased was a Christian survived by three children and a widow namely Noela Boniface Mtandika a daughter. Veronica Boniface Mtandika a daughter and Albert Boniface Mtandika a son and wife of the deceased (a widow) Aquilina Boniface Mtandika. The Deceased left the following properties;- 1. Matrimonial house build in unsurvey plot of land located at Sekei Village Kiutu Ward Arumeru District in Arusha Region with estimated value of Tshs 50,000,000.

2. Rental house build in unsurvey plot of land located at Sekei Village Kiutu Ward Arumeru District in Arusha Region with estimated value of Tshs 30,000,000 3. Unsurvey plot of land measured I 3/4 acres located at Sekei Village Kiutu Ward Arumeru District in Arusha Region with estimated value of Tshs 30,000,000 4. Deceased PSSSF contributions (pension fund) estimated Tshs 98,000 5. Condolences Ngorongoro Conservation Area Authorities (NCAA) estimated at Tshs 100,000,000. 2 6. Insurance payment from Ngorongoro Conservation Area Authorities known as Group Endowment Assurance Scheme (GEAS) estimated Tshs 196,000,000. When the matter was called on for hearing, the petitioner submitted that he had made the requisite citation through the government gazette dated 1 March 2024 Issue No. 9 and in the Mwananchi Newspaper dated 29 February 2024 on page 21. The petitioner went on to state that, considering that no caveat has been made against the partitioner's appointment, it was her prayer that this court grants the application for probate and appoints the petitioner as an administrator of the estate of the late Boniface Albert Mtandika. In the administrator's oath, the petitioner has demonstrated willingness, faithfulness and awareness of the duties as an administrator of the deceased's estate according to the law, and he will be responsible for making exhibit fully and true inventory of

the said properties and credit in courts within six months from the date of grant to be made to him with such time as the court may appoint, and render true account of his administration within one year from the same date or within such time as the court from time to time may appoint. 3 Upon considering the petitioners' application on all legal requirements and all procedures as to citing the notice in the government gazette dated government gazette dated 1 March 2024 and in the Mwananchi Newspaper dated 29 February 2024 was adhered to, and since no caveat was lodged before this court, I do hereby grant the petition. The petitioner Aquilina Boniface Mtandika is hereby appointed as an administrator of the estate of the late Boniface Albert Mtandika and shall perform his legal duties under law by exhibiting inventory and final account of the estate of the deceased within the period of six months from the date of appointment. DATED at ARUSHA this 14th Day of June 2024. D.D. NDUMBARO

JUDGE *^/ 14/ 06/2024 COURT: Mention on 13/12/2024 for ascertainment of the filling of the inventory by the administrator. D.D. NDUMBARO

JUDGE 14/ 06/2024