in the matter of the estate of the late antony paschal bulengo and in the matter of application for letters of administration by raymond charles bulengo mr david eliki
- Citation
- in the matter of the estate of the late antony paschal bulengo and in the matter of application for letters of administration by raymond charles bulengo mr david eliki
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 2021
- Posture
- Probate and Administration Cause / Ruling on Petition for Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 2021
- 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
Petitioners are eligible for grant of letters of administration as sons of the deceased, no caveat or objection filed, and consent of other heirs obtained.
Court disposition
Petition granted
Orders
- Petitioners granted letters of administration as co-administrators
- Administrators to administer estate in accordance with law
- Administrators to file inventory within six months
- Administrators to present final accounts after twelve months
- Court may extend time if necessary
02
Material facts
Parties
Raymond Charles Bulengo
Petitioner Counsel: Mwanili Habibu MahimbaliDavid Elikisa Bulengo
Petitioner Counsel: Mwanili Habibu MahimbaliAntony Paschal Bulengo
DeceasedAmounts and remedies
- Number of Bank Accounts: 4
03
Procedural history
Posture
Probate and Administration Cause / Ruling on Petition for Letters of Administration
04
Questions and positions
Legal issues
- 01
Whether petitioners are eligible for grant of letters of administration
- 02
Whether there is any objection to the petition
- 03
Whether consent of other heirs has been obtained
Party arguments
- Applicant
- Petitioners, sons and beneficiaries of the deceased, seek grant of letters of administration for properties not covered by the deceased's will, supported by affidavit and consent of other heirs. No caveat filed.
- Respondent
- No respondent or objection; no caveat filed.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration Act, Chapter 352 Revised Edition, 2002
Eligibility of heirs to administer estate in absence of objection and with consent of other heirs
06
Ratio, limits and disposition
Ratio decidendi
Petitioners are eligible for grant of letters of administration as sons of the deceased, no caveat or objection filed, and consent of other heirs obtained.
Obiter and limits
- Timely administration of estate is necessary
- Court may extend time for inventory and accounts if deemed fit
Court disposition
Petition granted
- Petitioners granted letters of administration as co-administrators
- Administrators to administer estate in accordance with law
- Administrators to file inventory within six months
- Administrators to present final accounts after twelve months
- Court may extend time if necessary
Source and reliance status
TZHC · 1 January 2021
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.
TZHC
Judgment· 1 January 2021
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF ARUSHA)
AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 35 OF 2021
IN THE MATTER OF THE ESTATE OF THE LATE ANTONY PASCHAL BULENGO............................................................................ DECEASED
AND
IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINISTRATION BY RAYMOND CHARLES BULENGO AND MR. DAVID ELIKISA BULENGO....................................................................... PETITIONERS
RULING 15/12/2021 & 20/12/2021 GWAE, J The petitioners, Mr. Raymond Charles Bulengo and Mr. David Elikisa Bulengo have brought this petition under provisions of the Probate and Administration Act, Chapter 352 Revised Edition, 2002 praying for grant of letters of administration of their late father one Antony Paschal Bulengo ("deceased") who died on the 24th February 2021 at Mount Meru Hospital in Arusha Region, the petitioners are sons ana beneficiaries to the deceased's estate. i The deceased is survived by the petitioners as well as two daughters namely; Ms. Stella Maries Bulengo of USA and Ms. Christina Frances Bulengo of Canada. The deceased has also left movable and immovable properties which are likely to be into hands of the petitioners for even distribution to the deceased's heirs aforementioned, these are; 1. Plot No. 1 Title No. 4145 Olorien Arusha Municipality Tanzania 2. Plot No. 297 Block Oysterbay Title No. 186149/36 LO No. 22491 Kinondoni District in Dar es salaam Region 3. Four Banks' accounts namely; (i) Account No. 8700114062200-Standard Chartered Bank-Arusha -USD Current Account (ii) Account No. 8750114062200-Standard Chartered Bank-Arusha -USD Savings Account (iii) Account No. 279-D3582983.0 UBS Bank- Switzerland- CHF Currency-Personal account (iv) Account No. 279-HU131938.0 UBS Bank- Switzerland- CHF currency-Savings Acccount Though the deceased died
testate however the above- mentioned properties were not part of the deceased's last will and testament and its 2 codicil. This petition is supported by joint sworn affidavit of the petitioners and its essence is as follows; that; the deceased's place of abode was at Arusha that, the deceased was a Tanzania and he professed Christian religion. When this matter was called on for hearing before me, the petitioners had legal representation of Mr. Mwanili Habibu Mahimbali, the learned counsel who practicing as Amal Advocates. He sought grant of this petition on the ground that there is no caveat that has been preferred so far although the requisite citation that was made through the Government Gazette dated 3rd day of December 2021 and Mwananchi Newspapers dated 8th December 2021. Considering the petition together with accompanying documents such as; death certificate, citations, petitioners' oath, administration bond and consent of other deceased's heirs (two daughters of the deceased whose names are indicated herein above) for applying and obtaining letters of administration, I find myself obligated to grant this petition as prayed due to the following reasons; 3 1. That, there is no objection proceeding (Caveat) that has been filed since lodgment of this petition on the 11th November 2021 to date 2. That, the petitioners are sons t the deceased, therefore, they are eligible of being granted letters of administration of their late father unless the contrary would be presented 3. That, the deceased's estate aforementioned needs to be timely administered by those interested persons like the petitioners 4. That, other deceased's heirs (daughters) have consented to the sought grant of letters of administration of the estate of the beloved late mother to the petitioners.
5. That, it is evident that the deceased's widow one Martha Catherine Bulengo had passed away since 13th September 2012 In the light of foregoing reasons, the petitioners, Raymond Charles Bulengo and David Elikisa Bulengo are thus duly granted letters of administration as co-administrators of the estate of their late father (beloved daddy), Antony Paschal Bulengo. The appointed administrators are herewith ordered to administer the deceased's estate in accordance with the law. They are further directed to 4 make and exhibit an inventory of the deceased's estate to this court within six (6) months from the date of this order and present final accounts after 12 months from the date of the ruling. However, extension of time may made by this court when it deems fit and just to do so. It is so ordered. M.R.
JUDGE 20/12/2021 COURT: Mention on 23/6/2022 for ascertainment of the filing of the inventory by the administrators and any related matters.
JUDGE 20/12/2021 5
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