daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022
No caveat was filed after publication of the petition, rendering the matter non-contentious and entitling the petitioner to be appointed as administrator.
Source-derived case information.
- Citation
- daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022
- Parties
- Petitioner: Rachel Juana Ballali; Deceased: Estate of Daudi Timothy Ballali
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 December 2022
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration
- Outcome
- Petitioner appointed as administrator; grant of letters of administration to issue.
- Legal Topics
- Grant of Letters of Administration, Intestate Succession, Unadministered Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel Juana Ballali
Petitioner
Estate of Daudi Timothy Ballali
Deceased
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioner is entitled to be appointed as administrator of the unadministered estate
Ratio Decidendi
No caveat was filed after publication of the petition, rendering the matter non-contentious and entitling the petitioner to be appointed as administrator.
Court Disposition
Petitioner appointed as administrator; grant of letters of administration to issue.
Orders
- Grant of letters of administration to issue
- Inventory to be filed by 23rd March, 2023
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISC. CIVIL APPLICATION NO. 553 OF 2022 (Originating from Probate and Administration Cause No. 48 of 2008) IN THE MATTER OF PROBATE AND ADMINISTRATION OF THE ESTATE NO. 48 OF 2008 OF THE LATE DAUDI TIMOTHY BALLALI AND IN THEMATTER OF AN APPLICATION OF UN-ADMINISTERED ESTATE OF THE LATE DAUDI TIMOTHY BALLALI AND IN THE MATTER OF AN APPLICATION BY RACHEL JUANA BALLALI RULING 23rd & 23rd December, 2022 MWANGA, J. The late DAUDI TIMOTHY BALLALI died intestate at Washington District of Columbia, United States of America on the 16th 1 May, 2008. Her daughter Rachel Juana Ballali has petitioned for a grant of letters administration. The petition was published in Mwananchi Newspaper of 16th December, 2022 and Government Gazette No.48 of 16th December, 2022. Upon publication, no caveat has been filed. This makes the petition non -contentious. In view of that fact, I hereby appoint the petitioner RACHEL JUANA BALLALI as administrator of the deceased’s unadministered estates. Consequently, I order further that: - i. grant of the letters of administration to issue. ii. inventory to be filed by 23rd March, 2023. iii. Hearing on 30th, March, 2023. Order accordingly. 2 H. R. MWANGA JUDGE 23rd December, 2022 COURT: Ruling delivered in the presence of the learned counsels of the petitioner and the petitioner in person. H. R. MWANGA JUDGE 23rd December, 2022 3