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Tanzania Judgment

TANZLII

1

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Source document

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. Chalamila

Registered Trustees of the Roman Catholic Archdiocese of Mbeya

Interested Party

Frank Leo Mnyema

Deceased

Amounts and remedies

  • Monies in NMB Bank Account Number 61010027953: 0

03

Procedural history

  1. 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

  1. 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

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Judgment text

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Source document

TANZLII

Judgment· 28 November 2024

1

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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Authorities

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Probate and Administration Law of Tanzania

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