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Tanzania Judgment

TANZLII

CAROLINE SHOO VS ASANTERABI SHOO

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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 Mosha

Assanterabi Irikyaely Shoo

Deceased

Adolph Shoo

Consenting Heir

Amounts and remedies

  • Inventory Submission Period: 6
  • Final Accounts Submission Period: 12

03

Procedural history

  1. 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

  1. 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

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Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 17 October 2025

CAROLINE SHOO VS ASANTERABI SHOO

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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