administrator general 2020 tzhc 3952 25 november 2020

IN THE HIGH COURT OF TANZANIA TABORA DISTRICT REGISTRY AT TABORA PROBATE AND ADMINISTRATION CAUSE NO. 4 OF 2019 IN THE MATTER OF THE ADMINISTRATOR GENERAL (POWERS AND FUNCTIONS) ACT, CAP. 27 R.E. 2019 AND IN THE MATTER OF THE ESTATE OF THE LATE MICHAEL MWANANSHOMA MADELEKA AND IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY THE ADMINISTRATOR - GENERAL JUDGMENT Date of Last Order - 30/10/2020 Date of Delivery 25/11/2020 AMOUR S. KHAMIS, J: This Petition was presented by the Administrator General pursuant to Section 5 (1) of the Administrator General (Powers and Functions) Act, Cap. 352, R.E. 2019. 1 The relief sought is an order to appoint the Administrator General to administer the estate of the late Michael Mwananshoma Madeleka who died intestate in Tabora on 17th day of August 2014. The deceased left several properties including houses, plots, farms, vehicles, cows and a gun situated in Dar es Salaam and Tabora regions. He was survived by eight (8) dependants namely: Grata Michael Madeleka (widow), Fortunata Michael Madeleka (daughter), Maria Michael Madeleka (daughter), John Michael Madeleka (son), Peter Michaele Madeleka (son), Rose Michael Madeleka (daughter), Dorothy Michael Madeleka (daughter) and Magreth Michael Madeleka (daughter). The petition showed that the Administrator General intervened to administer the estate due to irreconcilable conflicts that arose in the family. It was disclosed that prior to filing of this petition, the conflicts were presented to the District Administrative Secretary for Tabora who requested an intervention by the Administrator General. It was further revealed that the deceased had a fixed place of abode in Tabora region within the jurisdiction of this Court. A notice by the Administrator General expressing an intention to administer the estate was published in the Government Gazette on 24/05/2019 as G.N. No. 592/2019 and subsequently affixed on the notice boards at the District Commissioner’s office for Tabora and the High Court in Tabora. 2 The Administrator General’s application received no resistance to date. Before me, the Administrator General was represented by Ms. Clementina Rishele, learned State Attorney. Ms Rishela highlighted the background to the petition and urged this Court to grant the orders sought. She contended that the petitioner had complied with the mandatory provisions of the law and was proceduraly compliant. I have careful examined the petition signed by Gilbert Peter Bubelwa, Senior Assistant Administrator General of Tanzania and Senior State Attorney together with its annextures marked ADG 1, ADG 2, ADG 3, and ADG 4. I have also examined a consent from and a general citation published in the Government Gazette No. 592/2019 as A.G. No. 3 and satisfied that the mandatory legal requirements were met. On account of lack of Caveat or objection and upon consideration of the powers of the Administrator General as given in the ADMINISTRATOR GENERAL (POWERS AND FUNCTIONS) ACT, CAP. 352, R.E. 2002, I found merits in thus the petition granted. Consequently, the Administrator General is hereby appointed to administer the estate of the late Michael Mwananshoma Madeleka pursuant to Section 33 (1) of THE PROBATE AND ADMINISTRATION OF ESTATES ACT, CAP. 352, R.E. 2002, Rule 84 and Form No. 68 of THE PROBATE AND ADMINISTRATION OF ESTATES RULES, G.N. NO. 10 OF 1963 as amended by RULES, G.N. NO. 107/1963 and G.N. No. 369/1963. 3 It is so ordered. Court: Ruling delivered in the presence of Mr. Tumaini Pius (State Attorney) for the Applicant. 4