RULING Rubama

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM SUB-REGISTRY MISCELLANEOUS CIVIL APPLICATION NO 24137 OF 2024 CASE REF NO. 202409261000024137 (Arising from Probate and Administration Cause No. 25 of 2016) IN THE MATTER OF THE STATES OF THE LATE HALIMA A. MAGOMA (DECEASED) AND IN THE MATTER OF APPLICATION FOR EXTENSION OF TIME TO FILE INVENTORY & ACCOUNTS BY AHMED ZUBERI RUBAMA AND HASSAN LUPUNGWI RUBAMA (ADMINISTRATORS) RULING 20th & 22nd Nov 2024. KIREKIANO J: According to record in probate and administration cause no 25 of 2016, which was filed in this court, the late Halima A. Magoma died intestate in Norh Caroline USA on 11.9.2013. On 18.7.20217, the Applicants herein Ahmed Zuberi Rubama and Hassan Lupungwi Rubama were granted letters of the administration of the said estate of the late Halima Magoma. The estate involves several landed properties including property situate at 1 Msasani Peninsula, Area, Known as Plot No. 518 Kinondoni Municipality, within Dar Es Salaam City. To date, the probate has not been closed in want of inventory and accounts of the estate. The administrators through the service of Mr Adam Mwambene learned advocate have filed this application under section 107(2) of the Probate and Administration of Estate Act cap 352 seeking for the following orders thus; 1. That this Honourable Court be pleased to grant on order for extension of time within which Applicants may file an Inventory and Accounts thereof in respect of the estates of the late HALIMA A. MAGOMA (deceased) in Probate and Administration Cause No. 25 of 2016, whose letters of Administration were granted on 6th day of September, 2017 2. Any other relief this Honourable Court may deem fit and just to grant. Under rule 14 of the probate rules this application did proceed ex parte. It is however noted here that notice of this application was served to he heirs and none appeared to contest the application. During hearing Mr Mwambene appeared for the applicants. 2 In his brief submission, he submitted that the reason for delay to file inventory and accounts was caused by the long-term contract on one of the properties of the estate, as stated in paragraph 4 of the affidavit thus; That, immediately thereafter, we started establishing and ascertaining all properties forming part of the late's HALIMA A. MAGOMA estates, but before we could ably perform our statutory duties to collect and distribute the same to the lawful heirs. We discovered that sometimes in 2018, the beneficiaries of the estate of the late HALIMA A. M AGOMA (deceased), had entered unto long term lease Agreement with Changa Chui Company Limited of Post Office Box Number 5676 Dar Es Salaam, for the purpose of developing the landed property situated at Msasani Peninsula, Area, Known as Plot No. 518 Kinondoni Municipality, within Dar Es Salaam City, which is among the properties falling under the said estate included exhausted or inexhausted improvements together with all other developments and appurtenances It is further stated that the be beneficiary of the estate of the late HALIMA A. MAGOMA, (deceased) lives in the United States and the came up with an idea that, all properties located in the United Republic of Tanzania, and falling under the estate of the late HALIMA A. MAGOMA (deceased), 3 should be put under the name of the TRUST to be formed and named after the name of their late mother, that is HALIMA A. MAGOMA TRUST. On 27th day of October, 2023 the heirs completed the registration of the said trust. Mr Mwambene thus implored this court to find the above as good cause and grant the application. The provisions of section 107 (2) of the Probate and Administration of Estates Act empowers this court with the power to extend the time for filing inventory and account of the estate in case the administrator/executor fails to discharge his legal duty within the prescribed period. I wish to remind the applicants that filing of the inventory and accounts of the estate is a legal requirement which is provided under section 107 (1) of Cap. 352, and rules 106 and 107 of the Probate Rules, GN. No 369 of 1963. As such it the requirement of law that such information should be filed within the prescribed time of six months, in the case of an inventory, and one year, in the case of the accounts. This was also brought to the attention of the applicants when they were granted with letters of the administration. 4 The applicant has missed these timelines and the question is whether an extension is allowed. As can be gathered from the affidavit, the main reason for the applicant’s failure to discharge their duty in time was the heir’s arrangement to have some of properties in a trust but also the reason of a long-term development contract on one of the properties, situated at Msasani Peninsula, Area, Known as Plot No. 518 Kinondoni Municipality. It is also stated that heirs reside outside Tanzania. I have considered that, this application is uncontested, it is the interest of justice to allow this application to protect the estate but also interest of the heirs. More so, an inventory and account of the estate filed out of time without first obtaining an order of court to allow for extension of time within which to file an inventory is of no legal effect. It is based on the above I grant the applicants extension of time to file inventory and accounts. The applicants are given 30 days from this date of ruling to file the inventory and final accounts of the estate. 5 A J. KIREKIANO. JUDGE 22.11.2024 COURT: Ruling delivered in the presence of the Mr Agustino Mahela Masanja for the applicants. A. J. KIREKIANO. JUDGE 22.11.2024 6 7 | Page 7