probate of late Sherbanu Panchan

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA

AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 19664 OF 2024

IN THE MATTER OF THE ESTATE OF THE LATE SHERBANU DOSTMOHAMED

PANCHAN

AND

IN THE MATTER OF PETITION FOR PROBATE

BY

SHAFIK BADRUDIN MERALI

RULING 12th & 24th September, 2024 CHUMA, J. This is a petition for grant of probate to Shafik Badrudin Merali as an executor of the estate of the Late Sherbanu DostMohamed Panchan who died testate (testacy) at Mwanza (Nyamagana) on 8th April, 2021. The Petitioner states that he was a friend of the deceased and he was appointed as an executor by the Last Will and Testament of the late Sherbanu DostMohamed Panchan. That the gross asserts which are likely to come into the Petitioner's hands is a house located at Kenyetta Road Mwanza with Plot No. 144, Block ‘T’ held under Certificate of Title No. 8793 whereby its valued at about TZS. 300,000,000/=. The Petitioner stated further that the deceased at the time of death had a fixed place of abode and had property located in Mwanza City, she was a Tanzanian National and professed Islamic Religion. It was a statement of the Petitioner also that no any grant of probate or letters of administration of the Estate of Late Sherbanu DostMohamed Panchan have been commenced before any court or authority inside or outside Tanzania. The petition is supported by annexures which are: - 1. Certificate of death of the Late Sherbanu DostMohamed Panchan.

2. Last Will and Testament of the deceased 3. Verification of Petition as the witnesses of the Will by Abeed Minazali Manji and Imtiaz Madatali Jaffer.

4. Executor Oath.

5. Affidavit as to domicile of the deceased Late Sherbanu DostMohamed Panchan affirmed by Waheeda Khatry under Rule 33 (c) and 64 of the Probate Rules. After satisfying myself that a general citation was issued and published in “Gazeti la Jamhuri ya Muungano wa Tanzania”, dated 6th September, 2024, at page 19 and in the local newspaper namely, Mwananchi dated 9th September, 2024 at page 6. Having heard the submission of Mr. Iche Mwakila advocate for the petitioner and since no caveat ever entered objecting to a grant of the application to the instant petition and 14 days has been elapsed/expired. And under Rule 76 of the Probate Rules. I hereby grant the probate to the petitioner Shafik Badrudin Merali as prayed for the following orders; 1. Shafik Badrudin Merali is granted the probate in favor of the estate of the late Sherbanu Dostmohamed Panchan 2. The executor is duty bound to adhere with the law and procedural requirement in administration processes.

3. For orders on 21/10/2024 4. Beneficiary to attend. It is do ordered. DATED at MWANZA this 24th day of September, 2024. W.M. CHUMA

JUDGE Judgement delivered in court before the petitioner’s advocate Mr. Iche Mwakila this this 24th day of September, 2024. W.M. CHUMA

JUDGE