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

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA ARUSHA SUB-REGISTRY

AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 19 OF 2023

IN THE MATTER OF ESTATE OF THE LATE MICHAEL NGALEKU SHIRIMA ............................................................ DECEASED

AND

IN THE MATTER OF APPLICATION FOR PROBATE BY

CHRISTIAN CHARLES SHIRIMA PETITIONER

RULING 12/12/2023 & 13/12/2023. D. D. NDUMBARO, J A petitioner petitioned for appointment as administrator pendente lite and order to grant probate of the Estate of Michael Ngaleku Shirima who died testate. The court was moved under the provision of sections 38 and 55 of Probate and Administration of Estate Act Cap 352 R.E 2002 respectively; Probate rule 50, accompanied by necessary documents to satisfy requirements of the petition for probate under sections 56, 57(1), (2), 65,66 and rules 33, 34, and 64 as to affidavit as to domicile executors' oath and copy of will and death certificate respectively. i Records show the deceased was Christian survived by four children Vincent, Victor, Sylvia and Christian and other beneficiaries as Mike Shirima, Patricia T. Shirima, Paulina T. Shirima, Evodia D. Mrosso, Marcelina Shirima, Frederica Shirima, Ferdinand Shirima, Adolfina Kitally, Hillaly Shirima, Rosada Kimario and Emerensiana Harold. Deceased left properties listed under the will (in annexure C to the petition), as ten Bank accounts listed in description A worth TZS 82,000,000, KSH 800,000, and USD 85,000; Real estate listed in description B valued at TZS 1,740,000,000; DSE Shares listed in description C valued at TZS 4,001,300,000; NSE Shares listed in description valued at TZS 59,000,000; Shares at other Company listed in description E valued at TZS 1,759,610,000; two Motor

vehicles listed in description F as Peugeot valued TZS 4,000,000 and Toyota Land Cruser valued 40,000,000; personal effects listed in description G valued 9,000,000 and household properties listed in description H valued 5,000,000. All with an approximate value of 7,056,610,000. The counsel for the petitioner submitted that the citation was published in the government gazette on 6th October 2023 and in the Nipashe newspaper on 25th September 2023. During submission, the counsel for the 2 petitioner argued, considering that no caveat was made against the partitioner's appointment, pray this court grants the application for probate and appoints the petitioner as an administrator of the estate of Michael Ngaleku Shirima. In the executors' oath, petitioners demonstrated willingness, faithfulness and awareness of the duties as executor of the deceased will according to the deceased wishes by paying his debt and legacies first and distributing residue thereafter according to the law, and he will be responsible for making exhibit fully and true inventory of the said property and credit in courts within six months from the date of grant to be made to him within 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 court from time to time may appoint. The will which the petitioner intends to execute

was witnessed by Laura Paul Macha and Edlin Tango Advocates. Upon considering the petitioners' application on all legal requirements and all procedures as to citing the notice in the official government gazette on 6th October, 2023 and in the Nipashe newspaper on 25th September 2023 3 was adhered to, and since fourteen days from the date of publication lapse, and no caveat was lodged before this court, I do hereby grant the petition. The petitioner Christian Charles Shirima is hereby appointed to Execute the will of Michael Ngaleku Shirima 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. Since the main application on probate is determined, the application of administrator pendente lite is redundant. DATED AT ARUSHA this 13th day of December, 2023. D.D. NDUMBARO

JUDGE COURT: Mention on 12/06/2024 for ascertainment of the filling of the inventory by the executor. । D.D. NDUMBARO

JUDGE 13/12/2023 4