Judith Letter of Adm

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 23259 OF 2024 IN THE MATTER OF THE ESTATE OF THE LATE ABYUD BEATUS SANGA AND IN THE MATTER OF APPLICATION FOR GRANT OF LATTER OF ADMINISTRATION BY JUDITH MHINA SANGA RULING 20th September & 7th October, 2024 CHUMA, J. This is a petition for grant of letters of Administration to Judith Mhina Sanga as administratrix of the estate of the Late Abyud Beatus Sanga who died intestate at Kisesa Health Center, Mwanza on 20th June, 2024. The Petitioner states that a clan meeting of the deceased's relatives was held on 25th July, 2024 at which the relatives consented the names of Judith Mhina Sanga to be appointed the administratrix of the estate of Late Abyud Beatus Sanga being the deceased wife. That among the beneficiaries are Rachel Abyud Sanga, Editha Abyud Sanga, Cliff Abyud Sanga, Hancy Abyud Sanga all being the deceased's children along with deceased’s wife the petitioner. That the gross asserts which are likely to come into the Petitioner's hands are: - 1 1. Two Motor Vehicles with registration numbers (Toyota Harrier T574 DSX with estimated value of TZS. 25,000,000/- and Nissan Safari T362 CKB with estimated value of TZS. 16,000,000/-). 2. House situated on Plot No. 162 Kilakara, Morogoro Municipality valued at about TZS. 50,000,000/-. 3. House located on Plot No. 146, Block 14 Kibada, Temeke Municipality amounted to the tune of TZS. 90,000,000/-. 4. House situated on Plot No. 148 Block ‘GG’ Nyakato, Mwanza with estimated value TZS. 70,000,000/-. 5. House situated on Plot No. 452 Block ‘DD’ Kashai, Bukoba Municipality with estimated value TZS. 45,000,000/-. 6. House situated on Plot No. 1049 Block ‘DD’ Msamala, Songea Municipality with estimated value TZS. 150,000,000/- 7. Plot No. 451 Block ‘T’ Njombe Urban Area with estimated at TZS. 11,000,000/- value. 8. Plot No. 86,87 Block ‘D’ Tungi, Morogoro with estimated value TZS. 38,000,000/- 9. Plot No. 451 Block ‘DD’ Kashai Bukoba with estimated value at TZS. 17,000,000/-. 10. Plot No. 7/5 Block ‘A’ Mkalama Dodoma with estimated value at TZS. 25,000,000/-. 2 11. Plot No. 1456 Block ‘G’ Nyakato Nyamagana with estimated value TZS. 80,000,000/-. 12. Plot No. 27 Block ‘G’ Igekamaja, Kisesa, Trading Centre Magu with estimated value TZS. 48,000,000/-. 13. A plot squatter at Bujingwa Village Misungwi Mwanza with estimated value TZS. 30,000,000/-. 14. Power Tiller KUBOTA RT 140 PLUS, Mashine No. 6869 with estimated value TZS. 11,500,000/-. 15. CRDB Bank Account No. 0112055485703 with the names of ABYUD BEATUS SANGA. 16. CRDB Bank Account No. 0112055485700 with the names of ABYUD BEATUS SANGA. 17. Pension under PSSSF Scheme Member No. 3132089 estimated at TZS. 200,000,000/- 18. All house hold stuff in the residential house value approximately TZS. 8,000,000/= The estimated total value of the estate which is expected to come into the petitioner’s hands is TZS. 914,500,000/-. The Petitioner stated further that due search has been undertaken but no any Will have been found. That the deceased at the time of death had a fixed place of abode 3 and had properties located in Mwanza Region, he was a Tanzanian National and professed Christianity Religion. It was a statement of the Petitioner also that no any grant of probate or letters of administration of the Estate of Late Abyud Beatus Sanga have been commenced before any court or authority inside or outside Tanzania. The petition is supported by annexures which are: - i. Certificate of death of the Late Abyud Beatus Sanga. ii. Affidavit as to domicile of the deceased Late Abyud Beatus Sanga sworn by the petitioner Judith Mhina Sanga under Rule 64 of the Probate Rules. iii. Administratrix Oath made under Rule 65. iv. Administratrix’s Bond with Sureties declared by Judith Mhina Sanga along with her sureties namely Faustine Beatus Sanga and Letisia Beatus Sanga made under section 67 and Rule 66. v. Bond by administratrix appointed to collect and preserve declared by Judith Mhina Sanga along with her sureties namely Faustine Beatus Sanga and Letisia Beatus Sanga made under Rule 51(3). vi. Certificate as to sureties’ financial position, affirmed by Hussein Ramadhani Mhina for Faustine Beatus Sanga and Saumu Abdallah Muhina for Letisia Beatus Sanga. vii. Consent of heirs signed by all four deceased’s children viii. Minutes of a clan meeting titled "Muhtasari wa Kikao cha Familia na Ndugu baada ya msiba wa bwana Abyud Beatus Sanga, 4 kilichofanyika tarehe 25.7.2024, Saa 3:08 asubuhi – 6:38 mchana” After satisfying myself that a general citation was issued and published in “Gazeti la Jamhuri ya Muungano wa Tanzania”, dated 27th September, 2024, at page 345 and in the local newspaper namely, Mwananchi dated 27th September, 2024 at page 21, as for the requirement of 21 days which have been elapsed, I allowed the Petitioner to adduce evidence in support of the Petition. She was represented by Ms. Ester Safari, learned Advocate, whereby she submitted that they have complied with the courts order for citation by publishing the same on Government Gazette and Mwanachi Newspaper dated 27.9.2024, and no caveat ever entered. She further submitted that the deceased died on 20.6.2024 at Kisesa Health Center Magu. Following the death of the deceased, the family members convened a meeting in which the petitioner was nominated to administer the estate. That there was no Will left by the deceased, The deceased left four children, one widow and properties as reflected in the instant petition. She then urged this court to grant the application. Having heard the submission of Ms. Ester Safari advocate for the petitioner and I have paid regard to the petition, affidavit and the evidence adduced in court by the Petitioner, it is evident that the deceased was 5 survived with one Judith Mhina Sanga and four children namely, Rachel Abyud Sanga, Editha Abyud Sanga, Cliff Abyud Sanga and Hancy Abyud Sanga. Further to that, the petitioner has assured the court that the said children and other relatives have consented to the Petitioner to apply for letters of administration of estate. This Court is also satisfied that there are no any proceedings for grant of letters of administration or otherwise for administration of the estate of the said Late Abyud Beatus Sanga that have been commenced before any court or authority whether inside Tanzania or outside it. Also, petitioner has dispensed with a requirement for bond and surety or sureties under section 67 of the Probate and Administration of Estates Act. Having considered all that evidence, I am satisfied that the petitioner meets the requirement of being appointed as administratrix of the estate in issue and since no caveat ever entered objecting to a grant of the application to the instant petition. In the circumstances and for the foregoing reasons, I do hereby grant the letters of administration by appointing the Petitioner, Judith Mhina Sanga as administratrix to administer the estates of the Late Abyud Beatus Sanga, as prayed for the following orders; 1. Judith Mhina Sanga is granted with letters of administration in favor of the estate of the late Abyud Beatus Sanga 2. Inventory and final account be filed accordingly 6 3. For orders on 11.2.2025 4. Beneficiary to attend. It is do ordered. DATED at MWANZA this 7th day of October, 2024. W.M. CHUMA JUDGE 7 Ruling delivered in court before the petitioner’s advocate Ms. Ester Safari this 7th day of October, 2024. W.M. CHUMA JUDGE 8