Tanzania Judgment

TZHC

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

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Source document

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

Petitioner

Macrozina Linderman Lekey

Deceased

03

Procedural history

  1. 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

  1. 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 text

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Source document

TZHC

Judgment· 8 December 2021

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

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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