anania yoram mwakatobe vs liness thamson kabissa 2021 tzhc 6844 27 october 2021
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.
Source-derived case information.
- Citation
- anania yoram mwakatobe vs liness thamson kabissa 2021 tzhc 6844 27 october 2021
- Parties
- Petitioner: Liness Thamson Kabissa; Caveator: Joseph Anania Mwakatobe; Caveator: Joram Anania Mwakatobe
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 27 October 2021
- Procedural Posture
- Probate Administration Cause / Ruling on Petition for Letters of Administration After Withdrawal of Caveat
- Outcome
- Petitioner appointed as administrator of the deceased's estate.
- Legal Topics
- Letters of Administration, Estate Distribution, Caveat Withdrawal, DNA Testing for Paternity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Liness Thamson Kabissa
Petitioner
Joseph Anania Mwakatobe
Caveator
Joram Anania Mwakatobe
Caveator
Procedural Posture
Probate Administration Cause / Ruling on Petition for Letters of Administration After Withdrawal of Caveat
Legal Issues
- 1 Whether the petitioner should be granted letters of administration
- 2 Whether the caveators' interests are protected in the estate
- 3 Whether a DNA test should be conducted to determine Derick's paternity
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.
Orders
- Grant of letters of administration to issue
- DNA test to be conducted to establish if Derick was fathered by the deceased
Full Case Text
Judgment text and source record
1 paragraphs
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