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Tanzania Judgment

TZHC

buyegi lazaro manjerenga 2022 tzhc 13379 30 september 2022

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Professional case brief

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Source document

01

Holding and result

The petition was unopposed, the petitioner was properly proposed by the clan, and all legal requirements were satisfied; therefore, the petitioner is appointed as administratrix and granted letters of administration.

Court disposition

petition granted

Orders

  • Buyegi Lazaro Manjerenga appointed as administratrix of the estate of James Omungo Ojonde
  • Petitioner granted letters of administration
  • Petitioner to exhibit a true and correct inventory within six months in accordance with section 107 of the Probate and Administration of Estates Act

02

Material facts

Parties

Buyegi Lazaro Manjerenga

Petitioner

James Omungo Ojonde

Deceased

03

Procedural history

  1. Posture

    Probate and Administration Cause / Judgment

04

Questions and positions

Legal issues

Whether the petitioner is entitled to be appointed as administratrix of the deceased's estate

Party arguments

Applicant
Petitioner Buyegi Lazaro Manjerenga, widow of the deceased, sought appointment as administratrix, supported by clan proposal, marriage certificate, death certificate, and list of estate assets.
Respondent
No objection or caveat was filed against the petition.

05

Court’s reasoning

  1. 01

    Section 56 of the Probate and Administration of Estates Act, Cap.352 R.E.2002

    Letters of administration may be granted to a suitable applicant where the deceased died intestate and no objection is raised.

  2. 02

    Section 107 of the Probate and Administration of Estates Act, Cap.352 R.E.2002

    Petitioner must exhibit a true and correct inventory within six months of appointment.

06

Ratio, limits and disposition

Ratio decidendi

The petition was unopposed, the petitioner was properly proposed by the clan, and all legal requirements were satisfied; therefore, the petitioner is appointed as administratrix and granted letters of administration.

Court disposition

petition granted

  • Buyegi Lazaro Manjerenga appointed as administratrix of the estate of James Omungo Ojonde
  • Petitioner granted letters of administration
  • Petitioner to exhibit a true and correct inventory within six months in accordance with section 107 of the Probate and Administration of Estates Act

Source and reliance status

TZHC · 30 September 2022

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Judgment text

The complete available source text.

Source document

TZHC

Judgment· 30 September 2022

buyegi lazaro manjerenga 2022 tzhc 13379 30 september 2022

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (MWANZA SUB-REGISTRY)

AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 16 OF 2022 In the Matter of the Estate of the Late JAMES OMUNGO OJONDE AND In the Matter of an Application for Letters of Administration by

BUYEGI LAZARO MANJERENGA

PETITION FOR LETTERS OF ADMINISTRATION (Section. 56 of the Probate and Administration of Estates Act, Cap.352 R.E.2002 and Rule 39 of the Probate Rules, GN. No. 369 of 1963)

JUDGMENT 29th & 30th September, 2022 DYANSOBERA, J: The deceased James Omungo Ojonde died intestate at John F. Kennedy Memorial Hospital, Sinkor Montserrado County in Liberia on 16 day of November, 2020. Following the death of the deceased, a clan meeting was convened on 12nd day of January, 2021 and proposed the petitioner, Buyegi Lazaro Manjerenga, the widow, to be administratrix of the deceased's estates. Consequent to that proposal by the clan, the petitioner has petitioned this Court for the appointment as administratrix of the deceased's estate. The petition has been preferred under section 56 of the Probate and Administration of Estates Act [Cap.352 R.E.2002] and i rule 39 of the Probate Rules, GN No. 369 of 1963. The petition is accompanied by necessary documents filed in accordance with both the Probate and Administration of Estates Act [Cap. 352 R.E.2019] and the Probate Rules, 1963. On 29th day of September, 2022 when this petition came up for hearing, the petitioner testified in court and adduced evidence supporting the petition. She narrated who the heirs are. Further, her oral testimony was supported by a marriage certificate (exhibit P 2) and death certificate of the deceased (exhibit P 3) as well as the elaborative list of the deceased's estates the petitioner undertakes to administer. I have considered the petition, the evidence of the petitioner and the

documents supporting the petition. I am in no doubt that the citation was published in as per the law requires as evidenced by the extract in Mwananchi Newspaper presented in court. There is neither objection nor caveat filed against the petition. The petition is, therefore, unopposed. I thus grant the petition and appoint Buyegi Lazaro Manjerenga to administer the estate of the late James Omungo Ojonde and order that the petitioner be granted letters of administration. The petitioner shall administer the estate faithfully and according to the law and court's directions and exhibit a true and correct 2 inventory in this court in accordance with the provisions of section 107 of the Probate and Administration of the Estates Act, within six (6) months effective from today. this Court on this 30th day of September, 2022 in the presence of the petitioner. W.P. Dyansobera Judge 3

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Probate and Administration of Estates Act, Cap.352 R.E.2002

Legislation

Legislation referenced in the available case record.

Probate Rules, GN No. 369 of 1963

Legislation

Legislation referenced in the available case record.

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