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Tanzania Judgment

TZHC

anania yoram mwakatobe vs liness thamson kabissa 2021 tzhc 6844 27 october 2021

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Professional case brief

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Source document

01

Holding and result

Upon withdrawal of the caveat and registration of the settlement, the petitioner is entitled to be appointed as administrator, subject to agreed conditions including property distribution and DNA testing for paternity.

Court disposition

Petitioner appointed as administrator of the deceased's estate.

Orders

  • Grant of letters of administration to issue
  • DNA test to be conducted to establish if Derick was fathered by the deceased
  • Administrator to give caveators a house in Mbeya and one house at Boko
  • Administrator to file inventory by 29/11/2021
  • Hearing on 30/10/2021

02

Material facts

Parties

Liness Thamson Kabissa

Petitioner

Joseph Anania Mwakatobe

Caveator

Joram Anania Mwakatobe

Caveator

03

Procedural history

  1. Posture

    Probate Administration Cause / Ruling on Petition for Letters of Administration After Withdrawal of Caveat

04

Questions and positions

Legal issues

Party arguments

Applicant
Petitioner sought grant of letters of administration as the deceased's wife and proposed to administer the estate.
Respondent
Caveators objected to the petition, claiming entitlement as sons of the deceased, but later agreed to withdraw the caveat upon settlement conditions.

05

Court’s reasoning

  1. 01

    Court practice

    Settlement between parties in probate matters may be recorded and enforced by the court.

  2. 02

    Court order

    DNA testing may be ordered to establish paternity for succession purposes.

06

Ratio, limits and disposition

Ratio decidendi

Upon withdrawal of the caveat and registration of the settlement, the petitioner is entitled to be appointed as administrator, subject to agreed conditions including property distribution and DNA testing for paternity.

Court disposition

Petitioner appointed as administrator of the deceased's estate.

  • Grant of letters of administration to issue
  • DNA test to be conducted to establish if Derick was fathered by the deceased
  • Administrator to give caveators a house in Mbeya and one house at Boko
  • Administrator to file inventory by 29/11/2021
  • Hearing on 30/10/2021

Source and reliance status

TZHC · 27 October 2021

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Judgment reading view

Judgment text

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Source document

TZHC

Judgment· 27 October 2021

anania yoram mwakatobe vs liness thamson kabissa 2021 tzhc 6844 27 october 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY)

AT DAR ES SALAAM PROBATE ADMINISTRATION CAUSE NO. 61 OF 2021

IN THE MATTER OF THE ESTATE OF THE LATE ANANIA YORAM MWAKATOBE.......... ....................................... DECEASED

AND

IN THE MATTER OF A PETITION FOR LETTERS OF ADMINISTRATION BY LINESS THAMSON KABISSA...................................................... PETITIONER

RULING 28/9/2021 & 27/ 10/2021 I.e. MUGETA, 3. The petitioner, Liness Thamson Kabissa has petitioned for grant of letters on administration of the estate of the late Anania Yoram Mwakatobe who died intestate on 5/9/2019. The petitioner was the deceased's wife. The deceased had two sons out of wedlock. These are Joseph Anania Mwakatobe and Joram Anania Mwakatobe. When the petition was cited by publication in newspapers, the duo filed a caveat. Consequently the petition turned into a suit. The suit was heard and the petitioner closed her case after causing three witnesseses, including herself, to testify. When the caveators' case opened they prayed to attempt a settlement. A discussion let to the conclusion that the caveat be withdrawn to let the petitioner to be appointed as administrator on condition that the administrator to be appointed shall give the caveators a house in Mbeya and one house (the old house) at Boko. They further agreed that a DNA test should be conducted to verify if a child Derick was fathered by the deceased. If the answer is in the affirmative, the administrator to recognise him as one of the heirs. Upon registration of that agreement, the caveator prayed and were granted an order to withdraw the caveat. This turned the petition into a non contentious mass and I proceed to appoint the petitioner as administrator of the deceased's estate. I.C. MUGETA

JUDGE 27/ 10/2021 ORDER: - Grant of letters of Administration to issue. - DNA test to be conducted to establish if Derick was fathered by the deceased. - The administration to file inventory by 29/11/2021 - Hearing on 30/10/2021 Sgd: I.C. MUGETA

JUDGE 27/ 10/2021

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