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Tanzania Judgment

TZHC

daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022

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Professional case brief

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Source document

01

Holding and result

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
  • Hearing on 30th March, 2023

02

Material facts

Parties

Rachel Juana Ballali

Petitioner

Estate of Daudi Timothy Ballali

Deceased

03

Procedural history

  1. Posture

    Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration

04

Questions and positions

Legal issues

Whether the petitioner is entitled to be appointed as administrator of the unadministered estate

Party arguments

Applicant
Petitioner seeks appointment as administrator of the unadministered estate of the late Daudi Timothy Ballali, having published the petition and no caveat filed.
Respondent
No respondent; no caveat filed.

05

Court’s reasoning

  1. 01

    Probate and Administration legal practice

    Where no caveat is filed after publication, the petition is non-contentious and the court may grant letters of administration.

06

Ratio, limits and disposition

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.

  • Grant of letters of administration to issue
  • Inventory to be filed by 23rd March, 2023
  • Hearing on 30th March, 2023

Source and reliance status

TZHC · 23 December 2022

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Judgment text

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Source document

TZHC

Judgment· 23 December 2022

daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022

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

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