Tanzania Judgment

TZHC

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

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Professional case brief

Research organized from the available case record

Source document

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. Maeda

Martha Judith Maeda

Petitioner Counsel: Mr. Maeda

Caroline Hannah Maeda

Deceased

Amounts and remedies

  • Estimated Value of Estate: TZS 1,000,000,000

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 1 January 2021

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

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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