in the matter of application for letters of administration by majura songo nyekaji 2021 tzhc 2568 30 march 2021
Majura Songo Nyekaji qualifies for appointment as administrator due to compliance with legal procedures, absence of caveat, and family appointment.
Source-derived case information.
- Citation
- in the matter of application for letters of administration by majura songo nyekaji 2021 tzhc 2568 30 march 2021
- Parties
- Petitioner: Majura Songo Nyekaji; Deceased: Songo Nyekaji
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 March 2021
- Procedural Posture
- Probate Administration Cause / Ruling on Application for Letters of Administration
- Outcome
- Petition granted; Majura Songo Nyekaji appointed administrator.
- Legal Topics
- Appointment of Administrator, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Majura Songo Nyekaji
Petitioner
Songo Nyekaji
Deceased
Procedural Posture
Probate Administration Cause / Ruling on Application for Letters of Administration
Legal Issues
- 1 Whether Majura Songo Nyekaji qualifies for appointment as administrator of the deceased's estate
Ratio Decidendi
Majura Songo Nyekaji qualifies for appointment as administrator due to compliance with legal procedures, absence of caveat, and family appointment.
Court Disposition
Petition granted; Majura Songo Nyekaji appointed administrator.
Orders
- Majura Songo Nyekaji to administer the estate in accordance with the law.
- Administrator to file inventory of the deceased's estate within six months.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE DISTRICT REGISTY OF MUSOMA AT MUSOMA PROBATE ADMINISTRATION CAUSE NO. 6 OF 2020 IN THE MATTER OF ESTATES OF THE LATE SONGO NYEKAJI AND IN THE MATTER OF APPLICATION FOR LETTERS OF ADMINISTRATION BY MAJURA SONGO NYEKAJI RULING 30th and 30th March, 2021 KISANYA J.: Majura Songo Nyekaji has petitioned for appointment as administrator of the estates the late Songo Nyekaji who died intestate at Jitorola, Musoma, Mara Region on 29th December, 1987. In terms of the petition, the deceased is survived by; a) Benasia Songo Nyekaji b) Nyamisingo Songo Nyekaji c) Nyachira Songo Nyekaji d) Bunyigira Songo Nyekaji; e) Tabu Songo Nyakaji; f) Nyachiranga Songo Nyakaji; g) Maira Songo Nyekaji; and i h) Nyebhigesa Songo Nyekaji. According to the petitioner, the estate that is likely to come into his hands for administration is 250 acres farm situated at Jitirola Subvillage, Masinono village, Begwema ward, Musoma Rural, Mara Region. The petitioner complied with the Court's order by making citation through The Citizen newspapers dated 12th February, 2021. No objection or caveat has been filed to date. Therefore, at the hearing of this matter, Mr. Ostack Mligo, learned advocate for the petitioner has prayed for the grant of the petition. He submitted that the petitioner had complied all procedures specified under the Probate and Administration of Estate Act [Cap. 352, R.E 2002]. The death certificate and minutes of the clan meeting which appointed the petitioner to petition for letters of administration were tendered in evidence. I carefully considered the petition, evidence in record, the submissions Mr. Mligo for the petitioner and the law. I am satisfied that the Majura Songo Nyekaji qualifies to be appointed as the administrator of the deceased's estates. This is so when it is considered that no caveat has been entered from the time when the petition was filed in this Court and that, the petitioner was dully appointed by his family with no reservations. The role of administrator of deceased estate is to protect the deceased's properties and safeguard the interests of persons likely to 2 benefit from the said properties. Therefore, such role can be executed if the petition is granted. In the result, Majura Songo Nyekaji is appointed to administrator the estates of the late Songo Nyekaji. He is ordered to administer the deceased's estate in accordance with the law and file inventory of the deceased's estate in this Court within six months from the date of this ruling. It is so ordered. DATED at MUSOMA this 30th day of March, 2021. E. S. Kisanya JUDGE Court: Ruling delivered this 30th March, 2021 in the present of Mr. Ostack Mligo for the petitioner. E. S. Kisanya JUDGE 30/03/2021 3