1
- Citation
- 1
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 28 November 2024
- Posture
- Probate and Administration Cause / Ruling on Application for Letters of Administration
- Language
- English
More details
- Court
- TANZLII
- Decision
- 28 November 2024
- Posture
- Probate and Administration Cause / Ruling on Application for Letters of Administration
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The petitioner is entitled to letters of administration as citation was properly published, no caveat was filed, and the petitioner was duly appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya.
Court disposition
application granted
Orders
- Petitioner Fortunatus Sylvester Mpigauzi is granted letters of administration of the estate of Frank Leo Mnyema.
- Petitioner shall file inventory and final accounts within three months from the date of ruling.
02
Material facts
Parties
Fortunatus Sylvester Mpigauzi
Petitioner Counsel: Sr. ChalamilaRegistered Trustees of the Roman Catholic Archdiocese of Mbeya
Interested PartyFrank Leo Mnyema
DeceasedAmounts and remedies
- Monies in NMB Bank Account Number 61010027953: 0
03
Procedural history
Posture
Probate and Administration Cause / Ruling on Application for Letters of Administration
04
Questions and positions
Legal issues
Whether the petitioner is entitled to letters of administration for the estate of Frank Leo Mnyema
Party arguments
- Applicant
- The petitioner, appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya, sought letters of administration for the estate of Frank Leo Mnyema. Citation was published in government gazette and newspapers. No caveat was filed against the appointment.
- Respondent
- No respondent appeared or opposed the application.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration Law of Tanzania
Grant of letters of administration where no caveat is filed and proper citation is published.
06
Ratio, limits and disposition
Ratio decidendi
The petitioner is entitled to letters of administration as citation was properly published, no caveat was filed, and the petitioner was duly appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya.
Court disposition
application granted
- Petitioner Fortunatus Sylvester Mpigauzi is granted letters of administration of the estate of Frank Leo Mnyema.
- Petitioner shall file inventory and final accounts within three months from the date of ruling.
Source and reliance status
TANZLII · 28 November 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TANZLII
Judgment· 28 November 2024
THE UNITED REPUBLIC OF TANZANIA
JUDICIARY
IN THE HIGH COURT OF TANZANIA MBEYA SUB - REGISTRY
AT MBEYA PROBATE AND ADMINISTRATION CAUSE NO. 11006 OF 2024
IN THE MATTER OF THE ESTATE OF THE LATE FRANK LEO MNYEMA………………………………………………DECEASED
AND
IN THE MATTER OF APPLICATION FOR LETTERS OF
ADMINISTRATION BY FORTUNATUS
SYLVESTER MPIGAUZI……………………………………………PETITIONER
RULING Date: 28 November 2024 & 28 November 2024 SINDA, J.: The petitioner petitioned for an order to grant letters of administration of the Estate of the late Frank Leo Mnyema (the Deceased) who died on 14 August 2022. 1 The records show that the Deceased was a Christian and was survived by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya. The petitioner is appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya to petition for the letters of administration. The Deceased left monies in account number 61010027953 held with NMB Bank. At the hearing, Sr. Chalamila learned counsel for the petitioner submitted that the citation was published in the government gazette on 30 August 2024, Mwananchi Newspaper on 30 August 2024 and the Guardian Newspaper on 27 September 2024. During her submission, she argued that no caveat was made against the petitioner’s appointment. It was her prayer that this court grant the application for probate and appoints the petitioner as an executor of the estate of Frank Leo Mnyema. Upon considering the petitioners’ application, the affidavit, the executor’s oath, affidavit as to domicile, the death certificate and the minutes of the Registered Trustees of the Roman Catholic Archdiocese of Mbeya. The petitioner Fortunatus Sylvester Mpigauzi is hereby granted the letters of administration of the late Frank Leo Mnyema. The petitioner shall file inventory and final accounts within three months from today. 2 DATED at MBEYA on this 28 day of November 2024. A. A. SINDA
JUDGE 3
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