20030624 TZHC Arusha2

1 p

IN THE HIGH COURT OF TANZANIA

AT ARUSHA MISC. CIVIL APPLICATION NO. 24/2003 (c/f Probate and Administration Cause No.4/2002)

IN THE MATTER OF THE ESTATE OF THE LATE MOHAMED

KHAIRE And IN THE MATTER OF AN APPLICATION FOR RF;VOCATION OF

LETTERS OF ADMINISTRATION Between ABDRAHMAN ABDI FIRINI........ ... . . 1sT APPLICANT .SHEIKH MOHAMED SAMAKAB MOHAMED .. . 2N~ APPLICANT - Versus . 1 I ASHAMOHAMEDTAWAOAL ......... RESPONDENT I RULl'NG MSOFFE, J. This is an application for stay of execution pending determination of this Court's Misc. Application Noi.133/2002. In I the said application the applicants are applying for tevocation of I letters of administration which were granted to the respondent in respect of the estate of the late Mohamed Khaire. lhe grant was made vide Probate and Administration Cause No.4/2002. 2 The spirit behind this application is well stated under Paragraph 2.2 of the Written Submissions filed by Mr. 'Buhoma learned idvocate for the I applicants thus:- "2.2. It is the Applicants' depositions in this Applicqtion are that despite the pendency ofMisc. Application Jv[o.133/2002 I the Respondent is frantically vandalizing and wasting assest which I form part and parcel of the estate of the late Mohamed Ahmed I Khaire. She has sold the deceased 's milling machi~e, she is busy withdrawing monies from the decr:ased 's bank acco~nt at Katesh I and she is about to alienate the deceased's propertJi on Plot.No.8 Block "E" area F Arusha Municipality". It is the applicants' view therefore that unless an Order is inade in their I I favour Misc. Application No.133/2002 will not only be rendered

nugatory I but there is the danger that the deceased' s estate will be '\randalized" to the detriment of the legitimate beneficiaries. On the other hand, the respondent's contention is g~nerally that she has never done any act of vandalism and neither has she sbld any of the I deceased's property. Also, that she has never withdrawn any money from 1 I the said Bank Account. On the contrary, according to her~ it is the applicants 3 . I who want to evict her from the house she has lived all along I with her deceased husband. ' In my understanding of the spirit behind this applic:ation what is I prayed for really is maintenance of the status quo pending Idetermination of I Misc. Civil Application No.133/2002. If so, I see nothing wrong in granting 1 the application. I appreciate that the applicants have com~ up with a number . I of allegations against the respondent. At the same time th~e respondent has I countered by denying and raising counter allegations against the applicants. I Much as I do not want,at this stage, to be drawn into the ttuthfulness or I otherwise of the parties's respective allegations and counter allegations, they will, I hope, appreciate that it will be b~tter that the status: quo be maintained pending determination of the said Misc: Civil Application. In that i application there will be room for the parties to say whetqer or not the allegations and counter allegations are truthful. For the above single reason, the application is granted. Gi'1en the nature of the application I will not make an Order for costs. 4 . J. H. MSOFFE JUDhE 24/6/J003 24/6/2003: Coram: P. B. Khaday-DR For Applicant: Buhoma For Respondent: Lundu Ruling read out today 24/6/2003 in the presence of colel from both sides. ! I J P. B. I lD,,Y .1/

DISTRICT REGISTRAR ,,

ARUSHA 24/61do03