nelusigwe abdon mwangota 2023 tzhc 19396 31 january 2023

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF DAR ES SALAAM AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 31 OF 2023 IN THE MATTER OF THE ESTATE OF THE LATE FRED MWANGOTA AND IN THE MATTER OF APPLICATION FOR EXTENSION OF TIME TO FILE ACCOUNTS OF THE ESTATE OF THE LATE FRED MWANGOTA BY NELUSIGWE ABDON MWANGOTA ………………………………….. APPLICANT (Arising from Probate and Administration Cause No. 76 of 1990) RULING 31st and 31st January, 2023 KISANYA, J.: This is an application for extension of time within which to file final account of the late Fred Mwangota. It is predicated under section 107(1) and (2) of the Probate and Administration of Estates Act [Cap. 352, R.E. 2002] and sections 93 and 95 of the Civil Procedure Code [Cap. 33, R.E. 2019). Supporting the application is an affidavit deposed by the applicant, Nelusigwe Abdon Mwangota. 1 It is gleaned from the supporting affidavit that, on 21st February, 2022, this Court (Kulita, J) appointed the applicant as an adminstratrix of the estates of the late Fred Mwangota. In consequence, the applicant was directed to file an inventory and final account of the estate within a period of six (6) months from 21st February, 2022. Upon failing to file the inventory within the time specified by the Court, the applicant has brought this application for extension of time on the grounds stated in the supporting affidavit. When the matter came up for hearing, the applicant was represented by Mr. Novatus Muhangwa, learned advocate. Submitting in support of the application, Mr. Muhangwa adopted the affidavit in support of the application. He asked the Court to grant the application basing on the reasons deposed in the supporting affidavit. The learned counsel was of the view that the applicant has exhibited sufficient ground to warrant extension of time. To support his argument, he cited the cases of In the Matter of Estate of the late Dr. Reginald Abraham Mengi, Misc. Application No, 2018 of 2022, HCT at DSM, In the Matter of Estate of the late Joaquim Francisco Saintana Antonio 2 Fernandes, Misc. Probate Administration Cause No, 8 of 2022, HCT at Moshi (both unreported). Having examined the chamber summons and affidavit and considered the submission made by Mr. Muhangwa, it is clear that the issue for determination by this Court is whether the application is meritorious or otherwise. In terms of section 107(1) and (2) of the Probate and Administration Act (supra), an account of the estate of the deceased may be exhibited within one year from the grant or within such further time as the court may from time to time appoint. Thus, this Court is empowered to extend the time within which to file the account of the estate subject to this case. As the provision of rule 109(1) of the Probate Rule, 1963 dictates, the applicant filed an affidavit stating the reasons for the application. Paragraphs 5, 5.1 to 5.4 and 6 of the supporting affidavit shows that the applicant could not manage to distribute the estate due to delay in rectification of the certificate of Title No. 23954 of landed property situated on Plot No. 2, Kawe Area. It was further deposed that the applicant faced a caveat filed in respect of the said landed property. 3 On the foregoing, the Court holds the view that the delay to exhibit an account of the estate of the late Fred Mwangota was caused by the reasons beyond the applicant’s control. Thus, the Court is satisfied that sufficient grounds to warrant extension of time sought in the chamber summons have been exhibited. In the upshot, the application is hereby granted. The applicant is ordered to file the Final Accounts of Estate of the late Fred Mwangota within a period of six months from the date hereof. In the event the administration is not completed within that period, the applicant shall exhibit an account of the estate of the late Fred Mwangota, at intervals of four months. It is so ordered. DATED at DAR ES SALAAM this 31th day of January, 2023. S.E. KISANYA JUDGE 31/01/2023 4