daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022
- Citation
- daudi thimoty ballali vs rachel juana ballali 2022 tzhc 15807 23 december 2022
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 23 December 2022
- Posture
- Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 23 December 2022
- Posture
- Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PetitionerEstate of Daudi Timothy Ballali
Deceased03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 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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