Tanzania Judgment

TZHC

silvanus ambrose haule vs theodora alfred banda 2021 tzhc 7265 31 august 2021

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The petitioner is appointed as administrator because she is the sole beneficiary and no objections were filed after public notice.

Court disposition

petition granted

Orders

  • Theodora Alfred Banda is appointed administrator of the estate of Silvanus Ambrose Haule

02

Material facts

Parties

Theodora Alfred Banda

Petitioner

Silvanus Ambrose Haule

Deceased

03

Procedural history

  1. Posture

    Probate and Administration Cause / Application for Letters of Administration

04

Questions and positions

Legal issues

Whether the petitioner should be appointed as administrator of the deceased's estate

Party arguments

Applicant
The petitioner applied to be appointed as administrator of her late husband's estate and is the sole beneficiary.
Respondent
No objection or caveat was filed against the application.

05

Court’s reasoning

  1. 01

    Probate law

    Appointment of administrator when no caveat is filed after public citation

06

Ratio, limits and disposition

Ratio decidendi

The petitioner is appointed as administrator because she is the sole beneficiary and no objections were filed after public notice.

Court disposition

petition granted

  • Theodora Alfred Banda is appointed administrator of the estate of Silvanus Ambrose Haule

Source and reliance status

TZHC · 31 August 2021

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Judgment text

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Source document

TZHC

Judgment· 31 August 2021

silvanus ambrose haule vs theodora alfred banda 2021 tzhc 7265 31 august 2021

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

AT PAR ES SALAAM PROBATE AND ADMINISTRATION CAUSE NO. 21 OF 2021

IN THE MATTER OF THE ESTATE OF THE LATE SILVANUS

AMBROSE HAULE

AND

IN THE MATTER OF AN APPLICATION FOR LETTERS OF

ADMINISTRATION BY THEODORA ALFRED BANDA---------------------------- PETITIONER

RULING 31/8/2021 & 31/8/2021 The petitioner has applied to be appointed as administrator of the deceased estate who was her husband. She is the sole beneficiary of that estate. When the general citation in the Nipashe Newspaper and the Government Gazette was made in May and June, 2021 respectively, no objection in form of a caveat has been filed. On that account, I hereby appoint the petitioner one Theodora Alfred Banda to be administrator of the estate ofJboJate Silvanus Ambrose Haule. ■& 31/8/2021 i

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