in the matter of the estate of the late michael ngaleku shirima and in the matter of application for probate by christian ngaleku shirima 2023 tzhc 23827 13 december 2
Petitioner satisfied all statutory requirements for grant of probate, citation was properly published, no caveat was lodged, thus probate is granted and petitioner appointed executor.
- Citation
- in the matter of the estate of the late michael ngaleku shirima and in the matter of application for probate by christian ngaleku shirima 2023 tzhc 23827 13 december 2
- Parties
- Petitioner: Christian Charles Shirima; Deceased: Estate of Michael Ngaleku Shirima
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2023
- Procedural Posture
- Probate and Administration Cause / Ruling on Petition for Probate and Appointment of Executor
- Outcome
- Petition granted; petitioner appointed executor.
- Legal Topics
- Grant of Probate, Appointment of Executor, Testate Succession
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Christian Charles Shirima
Petitioner
Estate of Michael Ngaleku Shirima
Deceased
Procedural Posture
Probate and Administration Cause / Ruling on Petition for Probate and Appointment of Executor
Legal Issues
- 1 Whether the petitioner satisfies legal requirements for grant of probate and appointment as executor
- 2 Whether proper notice and citation procedures were followed
- 3 Whether any caveat was lodged against the petition
Ratio Decidendi
Petitioner satisfied all statutory requirements for grant of probate, citation was properly published, no caveat was lodged, thus probate is granted and petitioner appointed executor.
Court Disposition
Petition granted; petitioner appointed executor.
Orders
- Petitioner Christian Charles Shirima appointed to execute the will of Michael Ngaleku Shirima.
- Petitioner to exhibit inventory and final account of the estate within six months from date of appointment.
Full Case Text
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