matter of the estate of the late easter meshack ndoje and in the matter of an application for extension of time to file inventory by frank mlekio mongi administrator o

IN THE HIGH COURT OF UNITED REPUBLIC TANZANIA (DAR ES SALAAM DISTRICT REGISTRY)

AT PAR ES SALAAM MISCELLANEOUS CIVIL APPLICATION No. 74/2022 (Arising from Probate and Administration No. 7 of 2008 before>Hon. Shangwe A.) a

IN THE MATTER OF THE ESTATE OF THE LATE ESTHERMESHACKNDOJE INVENTORY BY FRANK MLEKIO MONGT(Administrator of the Estate 1 A. 'W -SSS-' ' "w*. of the late Esther Meshack Ndoje) “ Ruling date:26/08/2022^ MANGO, J ** The Applicant was granted letters of administration of the estate of the late Esther Meshack Ndoje by this Court via Probate and Administration Cause No. 7 of 2008. The letters dates 30th July 2008. i After being issued with letters of administration, the Applicant did not file inventory nor did he file final account of the estate as required by the law. On 25th February 2022, the Applicant approached this Court praying for extension of time to file inventory of the estate of the late Esther Meshack Ngoje. The Application is by way of a Chamber Summons supported by an affidavit sworn by the Applicant, Frank. Mlekio Mongi. During hearing the Applicant was represenfeckby advocate Jerry Msamanga. In his submission in support mesApplicattoh, ne^adopted the contents of the affidavit sworn 1h<supportWthe^App!ication to form part of his submission. He submitted further that^the reason that caused the Applicants delay to^le ihventoryJOiimorWhan 14 years is ignorance of law. According^to^iim/t^e Applican>after being appointed to be the administrator ^f^th^late ^Esther Meshack Ndoje via Probate and Administration (Faus^Np. 7 of 2008, he was not aware of the requirement % X to

file inventory 'and final accounts within 6 months and one year xSSflf respectively. Aside from ignorance of the legal requirement to have the inventory and final accounts filed within specified time, the Applicant has not advanced any other reason to move this Court to grant prayers sought in the Chamber Summons. 2 It is trite law that ignorance of law cannot be considered to be a good ground for extension of time. In the Application at hand the Applicant cannot rely on the alleged ignorance because the letter of administration issued to the Applicant indicates clearly the requirements to file inventory and final accounts and time limit for each requirement. The letter has the following instructions to the administrator 'The ADMINISTRATOR, of the deceased^estate he/she/they . . . . . . . . . . ,x. . JW having undertaken to administer the^a/d prg^e^an^ credits to . make a full and true inventof^fjfielsaid property and credits and exibit the same in thi^Court^wimimsiximontns from the date :C. of this grant or withihTsbch further time as the Court may from -X-x, time to time appoint and..also fb^rencfdr to this Court a true account of thf^saidproperty ariftpredits within one year from the jif same date^b^withirksudh^furtfiier time as the Court may from W > XX. W:’ 'XSW.. iWith such, clear,, instructions which appear at the bottom of the grant, the Applicant cannot be considered

to have no knowledge of the requirementtOTIe-inventory and final accounts within six months and one year from the date of the grant as alleged in his affidavit and his advocate's submission. Despite legal requirements to have estates of the deceased administered completely within one year, ordinarily estates of deceased persons are distributed immediately after the death of the 3 deceased. The purpose of having the deceased estate administered within shortest time as possible is the fact that, after death, the estate of the deceased will have nobody to take charge off, as a result, it can easily be squandered at the expense of beneficiaries of the estate. Speedy administration of deceased's' estate assist the beneficiaries to have their entitled portion of the estate and smooth transition after the death of their relative. I am of a firm view that, the Applicant hasliiot ac^anced'any.-gcod reason to move this Court to grant extension^f^time^tc^lesinventoiy and final Application because mw-refusakto extend time will be at the expense of the heirs of tfiis<estate who have been deprived of their right to enjoy the estaWbf theinsrelatiye forso many years. If this application won't be granted^the heirss^will be required to commence probate proceedings B afresh whicmWIgcost them in terms of time and momentary expenses. The Applicant has also notified the Court that he has already

prepared inventory of the deceased estate and final accounts. He merely awaits for the order of this Court to have the same filed. 4 In such circumstances, I find it to be in the interest of justice to have the application granted as I hereby do. The Applicant should file inventory and final accounts of the deceased estate within 30 days from today. In case failure to file inventory and final accounts within the prescribed time limit, letters of administration granted to the Applicant will be revoked for failure to perform his duties as an administrator. day of August 2022

JUDGE 5