MARY SANGA UBWANI
- Citation
- MARY SANGA UBWANI
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 24 July 2024
- Posture
- Probate and Administration Cause / Ruling on Petition for Letters of Administration
- Language
- English
More details
- Court
- TANZLII
- Decision
- 24 July 2024
- Posture
- Probate and Administration Cause / Ruling on Petition for Letters of Administration
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The petitioner complied with all statutory requirements for appointment as administratrix, and no caveat was filed; therefore, the court granted the application.
Court disposition
Petition granted; petitioner appointed as administratrix.
Orders
- Marry Sanga Ubwani appointed as administratrix of the estate of Zephania Giteadu Ubwani.
- Administratrix to administer the estate according to law and file Inventory and Final Accounts within six months.
02
Material facts
Parties
Marry Sanga Ubwani
PetitionerZephania Giteadu Ubwani (deceased)
DeceasedAmounts and remedies
- Time to File Inventory and Final Accounts: 6
03
Procedural history
Posture
Probate and Administration Cause / Ruling on Petition for Letters of Administration
04
Questions and positions
Legal issues
- 01
Whether the petitioner has complied with legal requirements for appointment as administratrix
- 02
Whether any caveat has been filed against the petition
Party arguments
- Applicant
- The petitioner asserted compliance with all legal requirements, including publication of citation, and requested appointment as administratrix since no caveat was filed.
- Respondent
- No respondent appeared or objected; no caveat was filed.
05
Court’s reasoning
Legal principles
- 01
Section 56 and Rule 39 of the Probate and Administration of Estates Act [Cap 352 R.E 2002]
Compliance with statutory requirements for grant of letters of administration, including publication of citation and absence of caveat.
06
Ratio, limits and disposition
Ratio decidendi
The petitioner complied with all statutory requirements for appointment as administratrix, and no caveat was filed; therefore, the court granted the application.
Court disposition
Petition granted; petitioner appointed as administratrix.
- Marry Sanga Ubwani appointed as administratrix of the estate of Zephania Giteadu Ubwani.
- Administratrix to administer the estate according to law and file Inventory and Final Accounts within six months.
Source and reliance status
TANZLII · 24 July 2024
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· 24 July 2024
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA SUB-REGISTRY)
AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 17267 OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE ZEPHANIA GITEADU UBWANI
AND
IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINISTRATION BY
MARRY SANGA UBWANI
PETITION FOR THE LETTER OF ADMINSTRATION (Made under Section 56 together with Rule 39 of the Probate and Administration of Estates Act, [ Cap 352 R.E 2002]
RULING 29/10/2024 & 01/11/2024 MWENDA, J.: The petitioner, MARRY SANGA UBWANI, petitioned for the appointment as an administratrix of the estate of the late ZEPHANIA GITEADU UBWANI who died intestate on the 6th of April 2024 at AICC Hospital, Arusha. The deceased left surviving with the following dependents; - 1. MARRY SANGA UBWANI - WIFE 2. NATE ZEPHANIA UBWANI - SON 1 | P age 3. NICHOLOUS ZEPHANIA UBWANI- SON 4. NELSON ZEPHANIA UBWANI - SON 5. NOEL ZEPHANIA UBWANI - SON In this application, the petitioner appeared in person, unrepresented. Tc ascertain the jurisdiction of this court, the petitioner implored that at the time of his death, the deceased had a fixed place of abode at Arusha and properties within the jurisdiction of this court. On 24th day of July, 2024 a general citation was issued to be published in the Government Gazette and any other local newspaper which is widely circulated in the country. The same was well complied with by the petitioner as evidenced by the Government gazette issue No. ISSN No. 40 dated 04/10/2024, and in Mwananchi Newspaper dated 27/09/2024. Thus, the petitioner prayed to be appointed as the administratrix of the estate of the late ZEPHANIA GITEADU UBWANI, since no caveat has been filed. Upon going through the record and the submission by the petitioner, I am of the firm view that the petitioner has complied with the citation order. That
being said and since the Petitioner met all the requirements, and no caveat has been raised, I hereby appoint MARRY SANGA UBWANI to be the 2 | Page administratrix of the deceased's estate one ZEPHANIA GITEDAU UBWANI. She will have to administer the estate according to the law and file Inventory and Final Accounts before this court within six (6) months from today. It is so ordered. DATED at ARUSHA this 1st day of November, 2024.
JUDGE 3 | Page
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