in re estate of the late caroline hannah maeda and in re application for letters of administration by walter sekumbo maeda and martha judith maeda 2021 tzhc 9130 23 de
- Citation
- in re estate of the late caroline hannah maeda and in re application for letters of administration by walter sekumbo maeda and martha judith maeda 2021 tzhc 9130 23 de
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 January 2021
- Posture
- Probate & Administration Cause / Ruling on Petition for Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 January 2021
- Posture
- Probate & 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 petitioners are eligible and duly appointed by the family, no caveat has been entered, and the estate requires administration to prevent misappropriation.
Court disposition
Petition granted; petitioners appointed as administrators of the estate.
Orders
- Walter Sekumbo Maeda and Martha Judith Maeda appointed as administrators of the estate of Caroline Hannah Maeda.
- Administrators to administer the estate in accordance with the law.
- Administrators to file inventory within six months from the date of ruling.
- Administrators to present final accounts after twelve months from the date of order.
02
Material facts
Parties
Walter Sekumbo Maeda
Petitioner Counsel: Mr. MaedaMartha Judith Maeda
Petitioner Counsel: Mr. MaedaCaroline Hannah Maeda
DeceasedAmounts and remedies
- Estimated Value of Estate: TZS 1,000,000,000
03
Procedural history
Posture
Probate & Administration Cause / Ruling on Petition for Letters of Administration
04
Questions and positions
Legal issues
Whether the petitioners are entitled to letters of administration for the estate of the deceased
Party arguments
- Applicant
- Petitioners are children of the deceased, have family consent, have published requisite citation, and no caveat has been entered. They seek appointment as administrators of the estate.
- Respondent
- No respondent or objector appeared; no caveat was filed.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration laws of Tanzania
Letters of administration may be granted to interested persons where there is no caveat and family consent is established.
06
Ratio, limits and disposition
Ratio decidendi
The petitioners are eligible and duly appointed by the family, no caveat has been entered, and the estate requires administration to prevent misappropriation.
Obiter and limits
- It is prudent that valuable properties fall under the administration of a court-appointed administrator to ensure protection from misappropriation.
Court disposition
Petition granted; petitioners appointed as administrators of the estate.
- Walter Sekumbo Maeda and Martha Judith Maeda appointed as administrators of the estate of Caroline Hannah Maeda.
- Administrators to administer the estate in accordance with the law.
- Administrators to file inventory within six months from the date of ruling.
- Administrators to present final accounts after twelve months from the date of order.
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 & ADMINISTRATION CAUSE NO. 25 OF 2021
IN THE MATTER OF THE ESTATE OF THE LATE CAROLINE HANNAH MAEDA........................................................... DECEASED
AND
IN THE MATTER OF AN APPLICATION
FOR LETTERS OF ADMINISTRATION BY WALTER SEKUMBO MAEDA & MARTHA JUDITH MAEDA........... PETITIONERS
RULING 25/11/2021 & 23/12/2021 GWAE, J The petitioners namely; Walter Sekumbo Maeda and Martha Judith Maeda being son and daughter respectively of the deceased person one Caroline Hannah Maeda are before this court petitioning for letters of administration of the estate of their late mother who died intestate on 3rd May 2021 at Mount Meru Hospital. The deceased at the time of her death is said to have a fixed place of abode at Corridor Area, Uzunguni in Arusha Region. i The petition is to the effect that the deceased is survived by two sons and four daughters namely; Walter Sekumbo Maeda, Martha Judith Maeda, Lilian Rose Maeda, Elizabeth Joyce Maeda, Daniel David Maeda and Mary Beatrice Soka. The estate that is likely to be administered by the petitioners' is of an estimated value of Tshs. 1,000,000,000/= and the same includes movable and immovable properties but not limited to;
HOUSES i. Corridor Area Plot No. 72, Arusha ii. Corridor Area Plot No. 86, Arusha iii. Moshono, Arumeru District, Arusha.
FARMS i. Mateves, Arumeru District, Arusha ii. Moshono, Arumeru District, Arusha iii . Kisongo, Arumeru District, Arusha.
FARM ANIMALS i. 10 Cattle ii. 40 goats ............. located at Kimandolu Farm
VEHICLES i. Land Rover Discovery T 632 AGT ii. Toyota Prado T 273 AUN
BANK ACCOUNTS i. NBC 2 ii. EXIM
SHARES i. East African Breweries Limited ii. Tanzania Breweries Limited iii. CRDB Bank Pic iv. Twiga Cement At the hearing, the petitioners through their advocate Mr. Maeda, informed the court that they have made the requisite citation through Mwananchi Newspaper dated 15th November 2021 and no caveat that has been entered in respect of the petition. He went further to state the relationship between the deceased and petitioners. Therefore, it was his prayer that this application be granted. One Mary Maeda also testified in this court in support of the petition by stating that, she is familiar with the petitioners as they are siblings and that, the family members have consented for the sought letters of administration by the petitioners through a family meeting. Together with this petition, the petitioners have attached a copy of the death certificate and the minutes of the clan meeting appointing them. 3 I have considered the petition, so to speak, I have found no reason as to why letters of administration should not be granted to the petitioners for the reasons that, firstly, that, ever since the petition has been filed in this court together with the citation to the public, no caveat has been entered in respect of the petition or whatsoever, Secondly, I have gone through the minutes of the clan meeting the petitioners appears to have been dully appointed by the family
members including other children of the deceased with no reservations to petition for letters of administration of the estate of their late mother and Thirdly, the petitioners are the deceased's heirs, they are inevitably interested persons in the deceased person's estate and eligible persons to be granted letters of administration. Having said so, I am of the considered view that since the petition has disclosed that the deceased left valuable properties, it is thus prudent that such properties fall under the administration of an administrator (s) dully appointed by this court so that to ensure that, the said properties are protected from being misappropriated by dishonest people. 4 That being said and done, the petitioners, Walter Sekumbo Maeda and Martha Judith Maeda are hereby appointed as administrators of the estate of their late mother Caroline Hannah Maeda. The appointed administrators are hereby directed to administer the deceased person's estate in accordance with the law. They are further to make and exhibit inventory of the deceased's estate in this court within six (6) months from the date of this ruling and present final accounts after twelve (12) months from the date of this order. It is so ordered. _______ — M.R. GWAE
JUDGE 23/12/2021 COURT: Mention on 23/06/2022 for ascertainment of the filling of the inventory by the administrators any otherrelated matters. JUDGE^ 23/12/2021 5
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