20150818 TZHC Dar es Salaam

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IN THE HIGH COURT OF TANZANIA

AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 145 OF 2014 AHMED IDD CHATA MAGWALA .................. APPLICANT V YUSUFU MOHAMED ALLY ......................... RESPONDENT Date of last Order 31/7/2015 Date of Ruling 18/8/2015

RULING A.Shangwa, J This is an application for revocation of letters of Administration of the estate of the late IDD CHATA , MAGWALA which were granted by this Court to Yusuf Mohamed Ally on 10 th June, 2005. The application was filed under a certificate of extreme urgency dri_ 3 rd April, 2014. It was brought under S. 49 (1) (e), (2) and 'i 2 S. 51 of Probate and Administration of Estate Act Cap 352 R.E 2002. At first, it was assigned to Utamwa,J on 3 rd June, 2014. Later, it was re - assigned to me on 20 th February, 2015. It is supported by affidavit of the ~ Applicant Ahmed Idd Chata Magwala. On 17 th June, 2015, I passed an order for exparte hearing of this application as the Respondent was duly notified to appear and defend the application but he disobeyed the Court's summons. Learned Counsel for the Applicant Miss Massame presented this application by way of written submissions filed on 29 th July, 2015. At page two of 3 her written submissions, Miss Massame invited this Court to adopt the Applicant's affidavit as part of her submissions. In her affidavit, the Applicant affirms that he is the son of the deceased Idd Chata Magwala who died intestate on 31 st March, 2002 at Amana Hospital in Dar ~s salaam. That the Respondent was appointed as Administrator of the deceased's estate in 2005 when he was a minor. That his father was a Civil engineer and had several properties

including a house which was mortgaged by his uncle Francis Msawa to CRDB Bank Branch of Korogwe for obtaining a loan of Tshs 40,000,000/=. That the said Francis Msawa misrepresented to the Bank by forging a residential 4 licence to show that the said house is his property whereas it is not. That Francis Msawa has failed to repay the loan amount to CRDB and that CRDB is intending to sell that house by public auction. That the Respondent Yusufu Mohamed Ally is not willing to cooperate with him to rescue his house and that he is a ~sole heir to his father's estate. That since his appointment as Administrator of his father's estate to the present date, the Respondent has not filed the inventory and has squandered other properties left by the deceased. In her written submissions, Miss Massame submitted that the Applicant is facing great problems and difficulties from the Respondent and Francis 5 Msawa and that for this reason, the Applicant who is currently above the age of majority wants to administer the estate of his father without interference. Miss Massame prayed the Court to revoke the letters of administration granted to the Respondent and appoint the Applicant in his place. Acting on the affidavit dated 3 rd April, 2014 which was taken by the Applicant at Dar es Salaam before the Commissioner for Oaths Mr. Good luck chakila for the purposes of supporting his application

and upon written submissions presented for filing on 29 th July, 2015. I am satisfied that the Respondent Yusuph Mohamed Ally who defaulted appearance has never filed the inventory relating to the estate of 6 the late Idd Chata Magwala since when he was appointed to administer it on 10th June, 2014, and that all along he has been squandering part of the deceased's estate at the detriment of the Applicant who is sole heir to the deceased's estate. One thing above all , he has failed to cooperate with· the Applicant to rescue the house which is part of the deceased's estate that was mortgaged through misrepresentation by Francis Msawa to CRDB Bank from being sold by public auction to recover the Bank . loan of Tshs 40,000,000/= which was obtained by the said Francis Msawa who has now failed to repay the same. 7 For these reasons, I hereby grant this application and revoke the appointment of Yusuph Mohamed Ally as Administrator of the deceased's estate. Instead of him and or in his place, I appoint the Applicant Ahmed Idd Chata Magwala (deceased's son) as Administrator of the deceased's estate. In addition to that, I order the Respondent whose appointment has been revoked to surrender to this Court within one month from today the Letters of Administration of the deceased's estate granted to him on 10 th June, 2005. Furthermore, I order him to hand over all the properties left by the deceased to the Applicant. ~ A.Shangwa

JUDGE 18/8/2015 , I .1 8 Delivered in open court this 18th day of August, 2015 in the presence of Miss Massame for Applicant ,