in the matter of the estate of the late devota nambi kijogoo and in the matter of the application for the a grant of probate by florah adam kijogoo 2024 tzhc 340 21 fe

in the matter of the estate of the late devota nambi kijogoo and in the matter of the application for the a grant of probate by florah adam kijogoo 2024 tzhc 340 21 fe

The affidavit submitted by the petitioner did not comply with Rule 63(3) of the Probate Rules, as it was not from a person who witnessed the interment or cremation, nor from a duly registered medical practitioner in the country where the deceased died; thus, the petition is incompetent.

Citation
in the matter of the estate of the late devota nambi kijogoo and in the matter of the application for the a grant of probate by florah adam kijogoo 2024 tzhc 340 21 fe
Parties
Petitioner: Florah Adam Kijogoo; Deceased: Devota Nambi Kijogoo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Probate and Administration Cause / Ruling on Application for Grant of Probate
Outcome
Petition struck out as incompetent
Legal Topics
Grant of Probate, Death Certificate Requirements, Affidavit in Lieu of Death Certificate
Source Language
English
Probate Succession Grant of Probate Death Certificate Requirements Affidavit in Lieu of Death Certificate

Case Brief

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Parties

Florah Adam Kijogoo

Petitioner

Devota Nambi Kijogoo

Deceased

Procedural Posture

Probate and Administration Cause / Ruling on Application for Grant of Probate

Legal Issues

  1. 1 Whether a petition for grant of probate can proceed without the original death certificate
  2. 2 Whether the affidavit submitted meets the requirements under Rule 63(3) of the Probate Rules

Ratio Decidendi

The affidavit submitted by the petitioner did not comply with Rule 63(3) of the Probate Rules, as it was not from a person who witnessed the interment or cremation, nor from a duly registered medical practitioner in the country where the deceased died; thus, the petition is incompetent.

Court Disposition

Petition struck out as incompetent

Orders

  • Petition for grant of probate struck out for non-compliance with Rule 63(3) of the Probate Rules