alice kambona gilyoma and another vs japhet mbogo gilyoma 2021 tzhc 3891 30 june 2021

IN THE HIGH COURT OF TANZANIA

IN THE MWANZA DISTRICT REGISTRY

AT MWANZA MISC. CIVIL APPLICATION NO. 60 OF 2021 ALICE KAMBONA GILYOMA & ROSE MBOGO GILYOMA........................................ APPLICANTS

VERSUS JAPHET MBOGO GILYOMA.................................... THE DECCASED

RULING 28th & 30th June, 2021 RUMANYIKA, J With respect to house on Plot Na. 3/2 Block "A" Kisoko Luchelele area, Nyamagana district, property of the late Japhet Mbogo Gilyoma (the estate), the application for waiver of bond and sureties is brn||qht under Section 67 of the Probate and Administration of the Estates Act Cap. 352 RE. 2019 (the Act) along with Probate Cause No. 07 of 2021, the application is supported by affidavit of Alice Kambona Gilyoma and Rose Mbogo Gilyoma (the 1st and 2nd applicants) respectively, whose contents Mr. S. John learned counsel adopted during audio teleconference hearing 1 employers) they attempted but failed to procure surety(s) much as no reasons for their failure were stated in the supporting affidavit in the first place. I would increasingly hold that for the betterment of the heirs hence a conclusively and fairly determined probate cause, capacity, commitment and honesty of the administrator it was paramount and key factors to be considered therefore no any short cuts. Doubtful administrators therefore had no room. In the upshot, the application is dismissed. It is so ordered. Right of Appeal explained. S.M. RUMA JUD 30/06/2021 The ruling delivered under my hand and seal of the court in 3