in re estate of the late macrozina linderman and in the matter for letters of administration by linderman alfred lekey 2021 tzhc 7649 8 december 2021
- Citation
- in re estate of the late macrozina linderman and in the matter for letters of administration by linderman alfred lekey 2021 tzhc 7649 8 december 2021
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 8 December 2021
- Posture
- Probate and Administration / Ruling
- Language
- English
More details
- Court
- TZHC
- Decision
- 8 December 2021
- Posture
- Probate and Administration / Ruling
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Petitioner is the deceased's husband, complied with citation requirements, and no objections were raised; thus, he is fit to administer the estate.
Court disposition
letters of administration granted
Orders
- Petitioner to collect deceased's properties and debts
- Petitioner to file inventory and final accounts within 6 months
02
Material facts
Parties
Linderman Alfred Lekey
PetitionerMacrozina Linderman Lekey
Deceased03
Procedural history
Posture
Probate and Administration / Ruling
04
Questions and positions
Legal issues
Whether the petitioner is a fit person to administer the deceased's estate
Party arguments
- Applicant
- Petitioner complied with citation requirements and sought letters of administration as deceased's husband.
- Respondent
- No caveat or objection was lodged.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration law
Administrator must be a fit person and comply with citation requirements.
06
Ratio, limits and disposition
Ratio decidendi
Petitioner is the deceased's husband, complied with citation requirements, and no objections were raised; thus, he is fit to administer the estate.
Court disposition
letters of administration granted
- Petitioner to collect deceased's properties and debts
- Petitioner to file inventory and final accounts within 6 months
Source and reliance status
TZHC · 8 December 2021
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 8 December 2021
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (ARUSHA DISTRICT REGISTRY)
AT ARUSHA PROBATE AND ADMINISTRATION CAUSE NO. 14 OF 2021
IN THE MATTER OF THE ESTATE OF THE LATE MACROZINA LINDERMAN
LEKEY
AND
IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION BY
LINDERMAN ALFRED LEKEY
RULING 07/12/2021 & 08/12/2021 KAMUZORA, J. This ruling is in respect of Probate and Administration Cause No. 14 of 2021. The Petitioner Linderman ALFRED lekey petitioned for letters of administration of the estate of his late wife macrozina Linderman lekey who died interstate at Them! hill area here in Arusha Region on 12th February, 2021. The order for citation was issued and complied to by the petitioner. The counsel for the petitioner submitted in court the Mwananchi Newspaper dated 3rd August 2021 and the Official Government Gazette dated 6th August, 2021 as a proof of citation. It is clear that 14 days from Page 1 qf2 the date of last publication of the citation has lapsed and no caveat or objection has been lodged in court. In that regard, this court is satisfied that the petitioner who is the deceased's husband is a fit person to administer the deceased's estate. I therefore grant the letters of administration of the estate of the deceased MACROZINA LINDERMAN LEKEY tO the Petitioner LINDERMAN ALFRED f lekey. The petitioner as administrator of the deceased's estate is responsible to collect the deceased's properties and debts, file the inventory and final accounts within 6 months as so required by the law. DATED at ARUSHA this 8th Day of December 2021 Page 2 of 2
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