CAROLINE SHOO VS ASANTERABI SHOO
- Citation
- CAROLINE SHOO VS ASANTERABI SHOO
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 17 October 2025
- Posture
- Probate and Administration Cause / Ruling on Application for Grant of Probate for Newly Discovered Assets
- Language
- English
More details
- Court
- TANZLII
- Decision
- 17 October 2025
- Posture
- Probate and Administration Cause / Ruling on Application for Grant of Probate for Newly Discovered Assets
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Petitioner is appointed executrix as there are newly discovered assets requiring administration, with compliance to legal requirements and consent from co-heir.
Court disposition
Application granted
Orders
- Petitioner appointed as executrix of remaining estate
- Executrix to exhibit inventory within six months
- Executrix to present final accounts after twelve months
02
Material facts
Parties
Caroline Assanterabi Shoo
Petitioner Counsel: Salvatory MoshaAssanterabi Irikyaely Shoo
DeceasedAdolph Shoo
Consenting HeirAmounts and remedies
- Inventory Submission Period: 6
- Final Accounts Submission Period: 12
03
Procedural history
Posture
Probate and Administration Cause / Ruling on Application for Grant of Probate for Newly Discovered Assets
04
Questions and positions
Legal issues
Whether the petitioner should be appointed executrix for newly discovered assets of the deceased's estate
Party arguments
- Applicant
- Petitioner seeks appointment as executrix for newly discovered assets, has complied with citation requirements, and has consent from co-heir.
- Respondent
- No opposition; co-heir consents to appointment.
05
Court’s reasoning
Legal principles
- 01
Court's reasoning
Newly discovered assets of a deceased must be administered to prevent waste or prejudice to heirs.
06
Ratio, limits and disposition
Ratio decidendi
Petitioner is appointed executrix as there are newly discovered assets requiring administration, with compliance to legal requirements and consent from co-heir.
Obiter and limits
- Properties should not be left unattended to avoid waste or prejudice to rightful heirs.
Court disposition
Application granted
- Petitioner appointed as executrix of remaining estate
- Executrix to exhibit inventory within six months
- Executrix to present final accounts after twelve months
Source and reliance status
TANZLII · 17 October 2025
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.
TANZLII
Judgment· 17 October 2025
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA
ARUSHA SUB REGISTRY
AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 23542 OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE ASSANTERABIIRIKYAELY
SHOO
AND
IN THE MATTER OF AN APPLICATION FOR A GRANT OF PROBATE BY
CAROLINE ASSANTERABI SHOO
RULING 25/02 & 25/02/2025 NDUMBARO, J It should be noted that, this is the second time the petitioner is moving this court to grant letters of probate to enable her to administer the remaining part of the estate of her late father Asanterabi Irikyaely Shoo. This petition was filed before this court on 20/09/2024 after the petitioner had discovered new properties of the deceased which were not disclosed in the previous petition. The new properties that are deemed to have been discovered are; A car make Toyota Hiace with i / registration number ZT 675 CAT and TCB Bank Account No. 215501001921 bearing the name of ASSANTE FANUEL SHOO. Since the previous probate case which granted the petitioner grant of probate had already been closed the petitioner is now before this court seeking for an order appointing her as the executor of the above mentioned properties of the deceased. At the hearing of this application, the petitioner was represented by the learned counsel Mr. Salvatory Mosha. The counsel basically informed the court that the petitioner is praying for appointment as an executrix of the remaining estate of her late father which have been discovered after the closure of the previous probate case before this court. The counsel further informed the court that the petitioner has complied with legal requirement with regard to citation. He tendered Mwananchi Newspaper dated 17th
October 2025 and Government gazette dated 18th October 2025 as proof of citation. The petitioner was also accompanied with her young brother Mr. Adolph Shoo. When probed by the court as to his consent on the appointment of the petitioner, Mr. Adolph approved the appointment of the petitioner. I have considered the application at hand together with the submission of the petitioner counsel, and I find no reason as to why this application should not be granted. It has been disclosed by the counsel that there are newly discovered properties which need to be administered, therefore it is my finding that the deceased properties should not be left unattended otherwise these properties will be wasted or they may fall into the hands of the wrong persons who my prejudice the rightful heirs from inheritance. That said, the petitioner CAROLINE ASSANTERABI SHOO, is hereby appointed as an executrix of the remaining estate of her late father ASSANTERABI IRIKYAELY SHOO. The appointed executrix is hereby ordered to execute the deceased's estate by the law and as per the will of the late Assanterabi Irikyael Shoo. She is further directed to make and exhibit inventory of the deceased's estate in this court within six (6) months from the date of this ruling and present final accounts after 12 months from the date of this order. It is so ordered. D. D. NDUMBARO
JUDGE 05/ 02/2025 3
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