matter of the estate of the late zelothe stephen zelothe and in the matter of an application for probate by jerry william silaa and in the matter of an application for

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA TEMEKE SUB-REGISTRY (ONE-STOP JUDICIAL CENTRE)

AT TEMEKE MISC. CIVIL APPLICATION No. 27937 OF 2023 (Arising from Probate and Administration Cause No. 276226 of 2023 from the High Court at Temeke One-Stop Judicial Centre) In the Matter of the Estate of the Late ZELOTHE STEPHEN ZELOTHE And In the Matter of an Application for Probate by JERRY WILLIAM SILAA And In the Matter of an Application for Grant of Pendente Lite by JERRY WILLIAM SILAA .

RULING 15th & 16th January, 2024 BARTHY, J.: The applicant, through a chamber summons, has urgently moved this court seeking the grant of letters of administration pendente lite under section 38 of the Probate and Administration of Estate Act, Cap 352 R.E. 2019 (the Act), and rule 50 of the Probate Rules GN No. 4 of 1965 (the Probate Rules). The application is supported by an affidavit of Jerry William Silaa, seeking to access to the estate of the deceased, Zelothe Stephen Zelothe, i for the purpose of sustaining the deceased’s family and any other orders the court deems fit. During the hearing, Ms. Laurencia Maira, the learned advocate representing the applicant, argued for the grant of letters of administration pendente lite over the estate of deceased Zelothe Stephen Zelothe, who died testate on 26/10/2023. Ms. Maira emphasized on the deceased's role as the sole breadwinner and the financial challenges faced by the widow and family due to the cessation of the deceased’s businesses. She further argued that the applicant, Jerry William Silaa, is also the petitioner in Probate and Administration Cause No. 276226/2023, sought an appointment as the executor of the estate of Zelothe Steven Zelothe's will. Ms. Maira emphasized that the deceased was the sole breadwinner, also he had various businesses, with funds held in personal accounts with CRDB and NMB banks. Now, the widow and

family are facing financial hardship due to the deceased's businesses halting without an appointed executor and funds to support the family. 2 Therefore, the applicant is seeking for the grant of letters of administration pendente lite for administration of deceased estate to access funds in bank accounts to support the family and manage the deceased businesses pending grant of probate letters of estate. Having heard the submission, in considering the application for the grant of letters of administration pendente lite in relation to the estate of the deceased Zelothe Stephen Zelothe, the court has carefully reviewed the application brought forth by the applicant, Jerry William Silaa, supported by a chamber summons and his affidavit. The applicant, who is also the petitioner in Probate and Administration Cause No. 276226/2023, seeks to be appointed as the executor of the will of the late Zelothe Steven Zelothe. The matter which is pending before this court. It has been brought to the court's attention that the deceased was the sole breadwinner, actively involved in various businesses, and held funds in personal accounts with CRDB bank and NMB bank. The court had considered the difficult circumstances faced by the widow and the family, who until now have received no support or income. Furthermore, the cessation of the deceased's businesses due to the absence of an appointed

executor, adds a layer of urgency to the 3 situation. The family's inability to access the funds in the deceased's accounts for their sustenance is a matter of concern. The grant of letters of administration pendente lite involves the appointment of a temporary administrator pending determination of main petition. The urgency of the situation and the necessity for immediate administration of the estate are crucial factors. This could include considerations such as ongoing financial responsibilities, business operations, or the well-being of dependents. The court may consider whether there is a risk that the estate assets could be wasted, dissipated, or deteriorate in value without immediate administration. The financial stability of the estate, including existing debts, obligations, and the need for ongoing financial management, are important factors for consideration. Also, the court may take into account the family circumstances, including the needs of dependents and any financial hardships they may be facing. In exercise of its discretion, court may take into account any other relevant factors deemed appropriate in the particular circumstances of the case. In light of the presented circumstances and recognizing the principles provided under section 38 of the Act and Rule 50 of the Probate 4 Rules, the court finds it just and equitable to grant the application for the letters

of administration pendente lite. Reserving the right to distribute or dispose any asset before determination of Probate and Administration Cause No. 276226/2023. Therefore, the court grants Jerry William Silaa with the letters of administration pendente lite and reserves the right to issue further orders deemed appropriate during the pendency of Probate and Administration Cause No. 276226/2023. The grant of letters of administration is only issued to safeguard the interests of the family, and provide necessary support to the widow during the pendency of the main application. Additionally, the administrator is hereby directed and limited to utilizing the funds from the estate solely for the sustenance of the deceased's family. The administrator is also tasked with supervising the deceased's businesses, ensuring their continued operation and financial stability. Furthermore, the administrator is ordered to provide a detailed and accurate account of all financial transactions and activities related to the estate after the grant of letters, to be submitted to the court as part of the final accounts of Probate and Administration Cause No. 276226/2023. 5 It is so ordered. Dated at Dar es salaam this 16th of January, 2024. G. N. BARTHY

JUDGE Delivered in the presence of Ms. Maira the advocate for the applicant and in the absence of the applicant in person. 6