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Tanzania Judgment

TANZLII

MARY SANGA UBWANI

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Professional case brief

Research organized from the available case record

Source document

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

Petitioner

Zephania Giteadu Ubwani (deceased)

Deceased

Amounts and remedies

  • Time to File Inventory and Final Accounts: 6

03

Procedural history

  1. Posture

    Probate and Administration Cause / Ruling on Petition for Letters of Administration

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 24 July 2024

MARY SANGA UBWANI

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Probate and Administration of Estates Act [Cap 352 R.E 2002]

Legislation

Legislation referenced in the available case record.

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