Misc Civil Applica No 30237 of 2024
- Citation
- Misc Civil Applica No 30237 of 2024
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 1 January 2024
- Posture
- Probate and Administration / Application for Extension of Time to File Accounts
- Language
- English
More details
- Court
- TANZLII
- Decision
- 1 January 2024
- Posture
- Probate and Administration / Application for Extension of Time to File Accounts
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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 BisekoOlivia Robert Yambi
Applicant Counsel: Samptus BisekoRaphael William Yambi
BeneficiaryRobert Yambi
BeneficiaryAmounts and remedies
- Time Granted for Filing Accounts: 30
03
Procedural history
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
Legal principles
- 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
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.
TANZLII
Judgment· 1 January 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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