akilindogo OCR Tanzlii

akilindogo OCR Tanzlii

Gaius Akilindogo Haule has been unheard of for more than five years by those who would naturally have heard from him, satisfying the statutory and judicial requirements for presumption of death; no evidence to the contrary exists.

Citation
akilindogo OCR Tanzlii
Parties
Applicant: Francis Steven Haule; Presumed Dead: Gaius Akilindogo Haule
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 June 2016
Procedural Posture
Misc. Civil Application / Ruling
Outcome
Application granted; Gaius Akilindogo Haule declared presumed dead.
Legal Topics
Presumption of Death, Letters of Administration, Burden of Proof
Source Language
English
Civil Law Probate Law Evidence Law Presumption of Death Letters of Administration Burden of Proof

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Parties

Francis Steven Haule

Applicant

Gaius Akilindogo Haule

Presumed Dead

Procedural Posture

Misc. Civil Application / Ruling

Legal Issues

  1. 1 Whether Gaius Akilindogo Haule should be declared presumed dead under Tanzanian law
  2. 2 Whether the Applicant should be allowed to commence probate proceedings for the estate

Ratio Decidendi

Gaius Akilindogo Haule has been unheard of for more than five years by those who would naturally have heard from him, satisfying the statutory and judicial requirements for presumption of death; no evidence to the contrary exists.

Court Disposition

Application granted; Gaius Akilindogo Haule declared presumed dead.

Orders

  • Applicant may proceed to apply for letters of administration for the estate of Gaius Akilindogo Haule.