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Tanzania Judgment

TANZLII

Misc Civil Applica No 30237 of 2024

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The administrators demonstrated sufficient cause for the delay, specifically the rectification of property details at the Land Registry, justifying the extension of time to file Accounts.

Court disposition

Application granted

Orders

  • Administrators to file Accounts within thirty (30) days from the date of this ruling

02

Material facts

Parties

Gerald Robert Yambi

Applicant Counsel: Samptus Biseko

Olivia Robert Yambi

Applicant Counsel: Samptus Biseko

Raphael William Yambi

Beneficiary

Robert Yambi

Beneficiary

Amounts and remedies

  • Time Granted for Filing Accounts: 30

03

Procedural history

  1. Posture

    Probate and Administration / Application for Extension of Time to File Accounts

04

Questions and positions

Legal issues

Whether sufficient cause exists to grant an extension of time for filing Accounts by administrators

Party arguments

Applicant
Delay in filing Accounts was due to rectification of the deceased's property plot number at the Land Registry, which was recently changed.
Respondent
No respondent arguments recorded.

05

Court’s reasoning

  1. 01

    Rule 109(1) of the Probate Rules

    Extension of time may be granted where sufficient cause is shown for the delay in compliance with court orders.

06

Ratio, limits and disposition

Ratio decidendi

The administrators demonstrated sufficient cause for the delay, specifically the rectification of property details at the Land Registry, justifying the extension of time to file Accounts.

Court disposition

Application granted

  • Administrators to file Accounts within thirty (30) days from the date of this ruling

Source and reliance status

TANZLII · 1 January 2024

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Judgment text

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Source document

TANZLII

Judgment· 1 January 2024

Misc Civil Applica No 30237 of 2024

IN THE HIGH COURT OF TANZANIA DAR ES SALAAM SUB-REGISTRY

AT DAR ES SALAAM MISC APPLICATION N0. 30237 OF 2024 (PROBATE AND ADMINISTRATION CAUSE NO.47 OF 2018

IN THE MATTER OF THE ESTATE OF THE LATE WILLIAM

ROBERT YAMBI

AND

IN THE MATTER OF AN APPLICATION FOR GRANT OF PROBATE

BY GERALD

ROBERT YAMBI AND OLIVIA ROBERT YAMBI

RULING MKWIZU.J: This matter arises from the application made by Gerald Robert Yambi and Olivia Robert Yambi, the applicants herein, who were appointed by this Court as administrators of the estate of the late Robert William Yambi on the 11th day of April 2019 pursuant to the orders granted in Probate and Administration Cause No. 47/2018 in which the administrators were ordered to file an Inventory and Account of the estate in question. It is noted from the court records that the inventory was duly submitted on September 11, 2019. However, the administrators have failed to file the necessary Accounts for the said estate, which has necessitated the present application for an extension of time to comply with this requirement made under rule 109(1) of the Probate Rules 1 Today, the administrators, represented by their advocate, Mr. Samptus Biseko, were present before the court. Two other beneficiaries of the estate, Raphael William Yambi and Robert Yambi, accompanied them. The administrators proffered that the sole reason for their delay in filing the Accounts related to the processes involving the rectification of the deceased's property plot number at the Land Registry, which had recently been changed from Plot No. 378 Block C to Plot No. 2009 Block C Tabata. The administrators affirmed their advocate's statements and had no further additions to present before the court. In light of the circumstances presented, I find the request for an extension of time to file the Accounts thoroughly justified. Accordingly, I hereby grant the application as sought. The administrators are ordered to file their Accounts pertaining to the estate within thirty (30) days from the date of this ruling. It is so ordered. E.Y Mkwizu Judge 19/12/2024 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Rule 109(1) of the Probate Rules

Legislation

Legislation referenced in the available case record.

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