kajetan philip kobelo vs doroth kajetan kobelo 2022 tzhc 10472 2 june 2022
The court found that the petitioner was properly recommended by the family, no objections were raised, and the previous administrator had not completed administration. Therefore, the petitioner is entitled to be granted letters of administration under section 46 of the Probate and Administration of Estates Act.
Source-derived case information.
- Citation
- kajetan philip kobelo vs doroth kajetan kobelo 2022 tzhc 10472 2 june 2022
- Parties
- Petitioner: Dorothy Kajetan Kobelo; Deceased: Estate of the Late Kajetan Philip Kobelo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 June 2022
- Procedural Posture
- Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
- Outcome
- Petition granted
- Legal Topics
- Grant of Letters of Administration, Unadministered Estate, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Kajetan Kobelo
Petitioner
Estate of the Late Kajetan Philip Kobelo
Deceased
Procedural Posture
Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioner should be granted letters of administration for the unadministered assets of the deceased estate
Ratio Decidendi
The court found that the petitioner was properly recommended by the family, no objections were raised, and the previous administrator had not completed administration. Therefore, the petitioner is entitled to be granted letters of administration under section 46 of the Probate and Administration of Estates Act.
Court Disposition
Petition granted
Orders
- Letters of administration of the estate of the late Kajetan Philip Kobelo granted to Dorothy Kajetan Kobelo under section 46 of the Probate and Administration of Estates Act.
- Administrator to file inventory and final accounts by 2nd November, 2022.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM PROBATE AND ADMINISTRATION CAUSE No. 83 OF 1991 In the matter of Estate of the Late t... , ','\., KAlETAN PHILIP KOBELO••••••••••••••••••••••••...•.•.•••••••••••• ;;.:';.DECEASED < • '-~ " ''\. \ <, \. ~~- .... "'-. , """,',,-'" ~-.,,-,'..... '-, ,r '''\. .: \ AND <-._.... \ ;~ '" -....... -............",,'. - 10- "'J"'. . ..... ~..... :-, -, \ \ // /": \ \. I <.» .... • ~ _ .\ J' ,. ........... ,.~~..•..•/ In the Matt~r of Petition for Grant of Lett:~rs:.gf~~dmi~i~ration\in Respect of '" "'-"<; "" \\ LO~;....::.::.~~ Unadministered Assets by DOROTH~~EtA!'I~~OBt: ... ..... PETITIONER -....."\., -, .. "''\ ~"' ... 'j /'. ~ '10 ".... "-'. ----~ • .. __ ..._ , 'l,\_ .(o-~ .... ,,/ R U L I\N. G. '''':~'''' \ .' "', '\ ". "•. j _ \• \. 4'~" ,J~ -, "'-'~ ... \ ..... The Petitioner <. '"' DorqtQ_y\ \.\ K~jetan "'~'" " ") "'~qbelo, petition for letters of ~/~ __ ........ •..... "\ '\\,..... •....... _..... _ -, .....,~,./' ... I administratiOD(9f1h~\estat~.-.pfthe'-lafe Kajetan Philip Kobelo, following ' ......." ) I " -,-, ~ -",."\_ .. J"~ ----..........._ ....... the death. of"Mr ~Hbnbry'Rhilip'Kobelo who was the administrator of the f'-' I' . ~"_ "" .~" " '. '.', "'; " .... '-... ,/ ' estate. bf the late;~ajetaQ~Philip -, ""\.. - Kobelo. The petition is made under section "'\ ", , ". 1 I 46 of the"Rrob9.!~/a,r:ld Administration of Estates Act, [Cap.382 R.E 2002] ... ,-~......._-- ~" and is supported by an affidavit sworn by the petitioner. The petitioner was represented by Mr. Yusuph Wambele learned advocate. According to her affidavit, the said Honory Philip KobeJodied leaving part of the estate of the late Kajetan Philip Kobelo unadministrered. The family conducted a family meeting and they 1 ,. recommended the petitioner to be appointed as the administrator of the deceased estate so that she can finalise administration of the remaining part of deceased estate. General Citation was published in Mwananchi newspaper of 19th March, 2022 and no Caveat was filed to contest the petitioner's petition. Relatives who appeared during hearing, confirmed "" that the petitioner was recommended for aRj::l9intment as the ..... ~, " " administrator of the deceased estate in a fami~~me~tin~i'\~'ttq they.had no '\,-""-.......... ".__ -~', ..."\."\.,/.' "'\..0..;. ,t" /I"~," \ .~~ -"""" ,'\, ,/ objection to her appointment to be the.~a~mini~tra~9(;Qf-"tQevdeceased t --. .. ".'" -..-, ... ~ ,\_,.,; ?,.. .~. \, _. '"~ ....., estate. _ ' -"..,~>_ --...__',_ -,"\.'''... \ \ \ \ ._. __ "\. ( ...,... '\.. -. .. '\~.. ". ' . '"\,.. "\" -'. ., .. __ , -"-.,,\"'1':"-.."" ....._, "-,-"_;:" ~-. I \_ ') ,- Court record indicates th9(HdnorY~Phi.lip Kobelo was appointed to be the . )1 I ,. <, ...-, "..... ~. "It. ~ .. I ; "-"'. ~..,.., '\ ;'l . administratorof th~~~\,~d ~t~~~~'~~~ cay of January, 1992.The said admmlstrator-took-solonq-to ac!p;'ipister the' deceased estate, yet he ../' .,..~. "', ""<, '-'", ' .... .>: .~. did not complete '~i~_jOb:<i"bcld '-~o because, he was' appointed to J' ,;---..-...... -, ........ j~ ~- - .: ."-. <; J ' ....... . (' "._---. ., ">, '...;,~ ..... "'10"... <, administer the.:~~cea2~d estate in the year 1992 but, up to the time of his \\ \ \ \\ ',,\ ',", '. death, \t4th -, -, day of)Marcn, \ 2016, he was not done with administration of '" '-,.".,. ,'_ ." / I ; the deceased.estate, Administration of deceased's estate is among issues that need to be done within a shortest period of time as possible. Leaving estates of deceased person unadministered, in most cases, cause misunderstandings between the heirs. It may even create an opportunity for untrustworthy administrators to squander the deceased estate. 2 L • Administrators of the deceased estate, in my view, should strive to administer the deceased's estates within a very short period of time as possible in order to protect the estate from being squandered, prevent misunderstanding and chaos in the deceasedfamily and society in general and, most important, assist the family of the deceased to have a smooth transition after the loss of their beloved one. It is unhealthy to find estate of a person who passed on several decades not completely administered to date. In consideration of the need to have the estates of deceased persons completely administered, I hereby grant letters of administration of the estate of the late Kajetan Philip Kobelo to Dorothy Kajetan Kobelo under section 46 of the Probate and Administration of Estates Act. The administrator should file inventory and final accounts by 2nd November, 2022. It is so ordered. Dated at Dar es salaam this 2nd June 2022. JUDGE 3