DERICK ZEPHURINE

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (BUKOBA SUB-REGISTRY)

AT BUKOBA PROBATE AND ADMINISTRATION CAUSE NO.24987 OF 2024 IN THE MATTER OF THE ESTATE OF THE LATE SR. BERTHA SAMWEL

MALALA

AND IN THE MATTER FOR PETITION FOR LETTERS OF

ADMINISTRATION OF THE ESTATE WITH WILL ANNEXED BY DERICK ZEPHRINE MPAMBO......................... 1st PETITIONER TITUS JOSIAH BAKENGA............................... 2nd PETITIONER

RULING 26th & 28th February 2025 KIWONDE, J. The petitioners, Derick Zephrine and Titus Josiah Bakenga, petitioned for grant of letters of administration with a WILL annexed to administer the estates of the late SR. Bertha Samwel Malala. When the citation was issued, there was no caveat raised. During hearing of the petition, the counsel for the petitioners, Mr. Dastan Mujaki, submitted that the petitioners are seeking to be appointed administrators of the deceased estates named above. The counsel said i 1 the deceased died on 1/01/2024. The death certificate was admitted and marked as exhibit Pl. He submitted that the deceased left a WILL, in which she appointed these petitioners as executors. The WILL of the deceased was admitted and marked as exhibit P2. Also, the counsel argued that after her demise, the clan members convened a meeting on 5/01/2024 and proposed these petitioners to execute the WILL. The clan meeting minutes were admitted and marked as exhibit P3. Apart from that, the counsel submitted that the decease at her lifetime lived at Buhangaza Village, as a fixed place of abode, in Muleba District. The mode of life of the deceased is that she professed Christianity which this court has jurisdiction to grant this probate. The legal heirs are Samson Samweli Malala, Jofrey Samweli Malala, Japhece Samweli Malala, Justin Samweli Malala, Hilda Gerald

Kashaigili, Purukelia Rudovic, Gloria Samson Samweli and Josephine Samson Samweli as listed under paragraph six (6) of the deceased WILL. According to the counsel, the properties which are likely to come into the hands of the petitioners are listed under para 6 of the petition. They 2 include one farm (shamba) and a house located at Bushemba Village in Muleba District, one plot located at Kashura in Bukoba Municipal, one shamba located at Nyakabibo Buhangaza Village in Muleba District, one plot of land situated at Nyakabibo Buhangaza village in Muleba District, one plot No. 333 Block 'A' Omundagala, Muleba town, two plots of land situated at Bushemba village in Muleba District, one plot of land situated at Katinde Buhangaza village in Muleba District, all house utensils and equipments, the deceased clothes and the deceased Bank Account No. 00621307359201 Mkombozi Commercial Bank with the amount of TZS 200,000,000/= The counsel submitted that since there is no caveat raised against the petitioners, he prayed the petition be granted. From the pleadings and oral submissions, the major issue for determination is whether the petition has merits or otherwise. There was no caveat raised against the petitioners. According to the WILL, the deceased appointed the petitioners to be executors of the same. The clan members convened the meeting and were in one accord that the petitioners be

executors of the said deceased WILL. There are sureties of the petitioners and oaths that they will faithfully execute the WILL and the heirs have consented to that. 3 For that matter, the petition is merited and it is hereby granted. The petitioners, Derick Zephrine Mpambo and Titus Josiah Bakenga are hereby appointed executors of the deceased WILL. Lettres of administration be granted. The executors to perform their duties faithfully and file inventory and statements of accounts within six (6) months from this date. CTWI 1 F. H. KI WON DE

JUDGE 28/02/2025 Court: Ruling is delivered in open court in the presence of Mr. Dastan Mujaki, counsel for the petitioners and Grace Mutoka (RMA) this 28th February 2025 and the right of appeal is explained. 28/02/2025 4