CHRISPIN JOHN BAHEMU 2

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

DODOMA SUB REGISTRY

AT DODOMA PROBATE AND ADMINISTRATION CAUSE NO. 8613 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE JOHN MINANI BAHEMU OF MPWAPWA, DODOMA

AND

IN THE MATTER OF APPLICATION FOR LETTERS OF

ADMINISTRATION BYCHRISPIN JOHN BAHEMU

RULING Last order 29/8/2024 Judgment: 30/8/2024 MASABO, J:- Chrispin John Bahemu has petitioned for letters of administration of the estate of his father, John Minani Bahemu, the deceased, who died on 17th November 2023 at Usa River Health Centre in Arusha. As per the petition, the deceased was survived by his five children, namely Reagan John Bahemu, Noela Jacquiline John, Jenifer John Bazizane, Chrispin John Bahemu and Angela Chitegetse John Bahemu. He also left behind several landed and movable properties which include a house at Mjimpya, Mpwapwa Page 1 of 6 District in Dodoma, 2 acres of land at Mazae Magereza Mpwapwa in Dodoma, a house at Ngaresero, Usa River in Arusha, 8 V2 parcel of land at Lupeta Mpwapwa in Dodoma, a cars make Toyota Land Cruiser with Registration number T.341 ALT and Toyota Land Cruiser with Registration Number T 342 AAY, Fiat water bowser with Registration number T795 ABP, 33.33% shares of Visele Livecrop Skills Training Centre and of 33.33% shares of Chropat Contractors Company. The petition is accompanied by a copy of the certificate of the death of the deceased showing that he died on 17th November 2023; a consent of the heirs executed under Rule 71 of the Probate Rules and jointly signed by Reagan John Bahemu, Noela Jacquiline John, Jenifer John Bazizane and Angela Chitegetse John, who are the children of the deceased; an affidavit as to the

domicile made in terms of Rule 64 of the Probate Rules showing that the deceased was domiciled at Mjimpya Mpwapwa in Dodoma; the Administrator's Oath made under section 66 of the Probate and Administration of the Estate Act Cap 352 R.E. 2002 and Rule 65 of the Probate Rules; the Administrators bond with sureties made under S. 67 of Page 2 of 6 the Act and Rule 66 of the Rules, and two certificates as to the sureties' financial position made under Rule 69 of the Probate Rules. By the order of this court a general citation was issued and published in Mwananchi Newspaper dated 20th June 2024 and 23rd August 2024 notifying the public as to the existence of the administration cause but, as of the date of hearing no caveat had been entered. Thus, the petition is non- contentious. In a bid to satisfy itself on the fitness, faithfulness and trustworthiness of the petitioner, the petition was scheduled for hearing. Four persons testified in support of the petition. The petitioner was the first to testify as PW1. He told the court that he is the son of the deceased and that the deceased died on 17th November 2023. He tendered a certificate of death which was admitted as "Exhibit Pl". He testified further that the deceased left no spouse as his wife died in February 2023 but was survived by his five children above named. That, after the burial they had a family meeting at which he

was proposed to be the administrator of the estate. He tendered the minutes of the meeting which was admitted as "Exhibit P2". He prayed the court to Page 3 of 6 appoint him the administrator because he is trustworthy; the deceased heirs trust him and, in signalling such trust, they have signed a consent form. Also, he knows all the assets thus he will faithfully and effectively administer the estate. PW2 was Angela John, PW3 was Jacqueline John and PW4 was Reagan John Bahemu. They identified themselves as the deceased's children. They supported the appointment of the petitioner because at the family meeting, they proposed his appointment and they believe that he is fit for the appointment as administrator. That was the end of the testimonies. The sole question for determination is whether the petitioner is fit for appointment as administrator of the estate of the late John Minani Bahemu. Section 33 of the Probate and Administration of Estate Act, Cap. 352 provides that, in case of an interstate death, letters of administration of the deceased's estate may be granted to any of his heirs, the deceased's creditor or any person it thinks to be fit for the office of the administrator of the estate. The petitioner herein is the son of the deceased hence a potential heir. Upon analysis of the evidence rendered in support of the petition as to Page 4 of 6 the petitioner's

trustworthiness and the consent of the heirs vide which they express their confidence in the petitioner and support the petition and considering that since the publication of the general citation no caveat has been entered, I am fortified that the petitioner is a fit person for the office of administrator of the deceased's estate. Accordingly, I allow the petition and I hereby order that the letter of administration of estates of the late JOHN MINANI BAHEMU be issued to the petitioner CHRISPIN JOHN BAHEMU. Subsequent to the appointment, the administrator is ordered to: 1. Collect the properties of the deceased person; 2. Exhibit in court an inventory containing the actual and accurate list of the estate of the deceased within six months from this date; 3. Timely pay debts and distribute the said estate to all lawfully heirs of the deceased in accordance with laws.

4. File in this court a true account of the estate showing a detailed distribution of the said estate to the entitled heirs. Page 5 of 6 It is ordered further that this petition is fixed for mention on 14th November 2024 for necessary orders. DATED and DELIVERED at Dodoma this 30th day of August 2024 Page 6 of 6