final ruling Evether Probate TANZLII

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA

MOSHI DISTRICT REGISTRY

AT MOSHI PROBATE AND ADMINISTRATION CAUSE NO. 23098 OF 2024 IN THE MATTER OF THE ESTATE OF THE LATE MR. PER HJELMAGER

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF ADMINISTRATION BY MRS. EVETHER MICHAEL MASSAWE

RULING 20th December, 2024. A.P.KILIMI, J.: The deceased Per Hjelmager died intestate at Moshi on 21st July 2024 at St. Joseph Hospital Tanzania. Following his death his wife Mrs. Evether Michael Massawe petitioned in this court for letters of administration of her late husband estate. In her petition she avers that her deceased husband left three surviving close relatives, one being the petitioner herein Mrs. Evether Michael Massawe, his children Michael Per Hjelmager (deceased son) and Mary Antoinnette Per Hjelmager (deceased daughter). 1 She further stated in her petition that the value of deceased estates amounts to Tshs. 500,000,000/= including a 2.5acres plot 76 &77 at Block A, Kimbiji Kigamboni District Dar es salaam; A 2.5 acres plot at Kimbiji, Kigamboni District, Dar es Salaam; A 2 acres un-surveyed plot at Kizito Huonja, Kimbiji, (Kwa Chale) Kigamboni District, Dar es Salaam; Funds in savings account with Stanbic Tanzania Bank Ltd Moshi Branch; Funds in accounts in Nordea Bank in Denmark; and Funds in account in SAS Bank in Denmark. She also informed this court in her petition that her late husband at the time of his death had a fixed place of abode at Plot 18, Wireless and Zebra Street, Moshi Municipality, Kilimanjaro Region within Tanzania and most of the properties referred above are within the jurisdiction of this Court, except those that will be identified in

foreign jurisdictions which will form part of the inventory of the estate of the deceased to be filed later in this court. The petitioner further assured this court in her petition that she is a legal wife of the deceased Per Hjelmager by annexing a marriage certificate proving the same, she then stated that deceased was Danish and attached identification document in such respect. 2 When the petition came up for hearing on 20th December, 2024, it was heard virtually by Mr. Nshashi Nyanduga learned advocate from Nyanduga Law Chambers Dar es salaam, whereas the petitioner was present in court physically. Therefore, on oaths, the petitioner being led by her counsel stated that she was married to her late husband on 28th June 2008 and that her husband passed away on 21st July 2024 and survived by two children a son and a daughter as mentioned above. She further said both of her children have consented and has no objection for her to be the administrator of her late husband estates. She further stated that she applied for the provisional orders in this court pending her appointment as administrator and on 11th October 2024 a pedente lite order was issued to her. Through that order, she was able to access one of the deceased accounts in Tanzania at Stanbic Bank so as to pay school fees for the deceased children. She said that the deceased had two accounts in two different countries

one in Tanzania at Stanbic Bank and another in Denmark at Nordea Bank. Upon a follow-up for the Denmark Account, she was unable to access it and was informed that she will be able upon her appointment as administrator of estate. 3 She further testified that, she gave the Power of Attorney to her lawyer Mr. Nshashi Nyaduga who was given the bank statement showing where the deceased invested in and not his personal accounts. She then tendered bank documents from Nordea Bank in Denmark and bank statement from Stanbic Bank where she withdrew Tshs 700,000/= which were marked as exhibit PE1 and PE2 respectively. The petitioner added that neither individual nor any groups or company have come forward to claim anything or to object her petition or to point out that her late husband was indebted. Briefly in concluding, Mr. Nyanduga learned advocate submitted that after the order for citation issued by this court on 19th September 2024, the same were published on Mwananchi local Newspaper dated 11th October 2024 at page 103 also in the Government Gazzette of 11th October 2024 at page 32. The learned counsel prayed that since this petition was non-contentious, the petitioner was a fit person to be granted powers to administer the estate of her late husband. I have considered the above stated and what has been evidenced by the petitioner herself on oath, now I am of the following

observation in this petition; since this petition has been accompanied by the following 4 documents filed by virtue of Probate and Administration of Estate Act Cap 352 R.E 2019 and Probate Rules GN. No. 369 of 1963, which are an affidavit as to domicile of the deceased sworn by the Petitioner; The administrator's oath; Administrator Bond with surety; An Affidavit of consents of heirs, death certificate ( annexture ‘A’), marriage certificate ( annexture ‘B’), National Identity of the deceased ( annexture ‘C’) . I have also seen that the general citation about this petition was published in Mwananchi local Newspaper dated 11th October 2024 and the Government Gazzette dated 11th October 2024. Having considered all the above evidence tendered by the petitioner, I am satisfied that the petitioner has shown and proved how she has administered the deceased estate pendente lite for the interest of heirs and upbringing of deceased children. Thus, I have no doubt to her eligibility of being the administrator of this estate. Therefore, having this in mind and the facts that no evidence has been brought forward indicating any objection for her appointment, I hold this as a non- contentious matter, therefore in accordance to the law cited above I am satisfied that the petitioner has fulfilled the necessary requirements to be appointed as the administrator of estates of her deceased husband.

I accordingly hereby appoint the petitioner Mrs. Evether Michael 5 Massawe in terms of section 33 (1) and (4) of The Administration of the Estate Act, Cap. 352 R.E. 2019 to administer the estate of her late husband Per Hjelmager. Consequently, the pedente lite order dated 11th day of September, 2024 issued by this court pending her official appointment is hereby vacated. The appointed administrator Mrs. Evether Michael Massawe is ordered to carry out her duties of collecting the properties of the deceased, paying debts owned by the deceased if any, distributing the estate of the deceased to his heirs and as per requirement of section 107 (1) of The Probate and Administration of the Estate Act (supra) shall then file inventory of the deceased estates within the period of six months and final accounts thereto within a year from the date of this ruling. It is so ordered. DATED at MOSHI this 20th day of December, 2024.

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JUDGE Signed by: A. P. KILIMI 6 Court: - Ruling delivered today on 20th day of December, 2024 in the presence of the Petitioner and Mr. Nyanduga learned advocate for the Petitioner appearing virtually. Sgd: A. P. KILIMI

JUDGE 20/12/2024 7