late dickson joseph mpemba vs samirose joseph mpemba 2022 tzhc 12349 31 august 2022
- Citation
- late dickson joseph mpemba vs samirose joseph mpemba 2022 tzhc 12349 31 august 2022
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 31 August 2022
- Posture
- Probate and Administration / Ruling on Petition for Letters of Administration
- Language
- English
More details
- Court
- TZHC
- Decision
- 31 August 2022
- Posture
- Probate and Administration / Ruling on Petition 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 complied with all legal requirements for grant of letters of administration, and no caveat was filed; therefore, the court grants the application.
Court disposition
petition granted
Orders
- Samirose Joseph Mpemba appointed as administrator of the estate of Dickson Joseph Mpemba
- Letters of administration to be issued to the petitioner
02
Material facts
Parties
Samirose Joseph Mpemba
PetitionerDickson Joseph Mpemba
Deceased03
Procedural history
Posture
Probate and Administration / Ruling on Petition for Letters of Administration
04
Questions and positions
Legal issues
Whether the petitioner is entitled to letters of administration for the estate of the deceased
Party arguments
- Applicant
- The petitioner complied with the requirement to publish general citation and no caveat was filed within the prescribed period.
- Respondent
- No respondent or objector appeared or filed a caveat.
05
Court’s reasoning
Legal principles
- 01
Probate and Administration laws of Tanzania
Letters of administration may be granted where the petitioner complies with statutory requirements and no caveat is filed within the prescribed period.
06
Ratio, limits and disposition
Ratio decidendi
The petitioner complied with all legal requirements for grant of letters of administration, and no caveat was filed; therefore, the court grants the application.
Court disposition
petition granted
- Samirose Joseph Mpemba appointed as administrator of the estate of Dickson Joseph Mpemba
- Letters of administration to be issued to the petitioner
Source and reliance status
TZHC · 31 August 2022
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.
TZHC
Judgment· 31 August 2022
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA
AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 6 OF 2022
IN THE MATTER OF HE ESTATE OFT HE LATE DICKSON JOSEPH MPEMBA
AND
IN THE MATTER OF APPLICATIONFOR LETTERS OF ADMINISTRATION BY; SAMIROSE JOSEPH MPEMBA SAMIROSE JOSEPH MPEMBA............................. PETITIONERS 29^ August, 2022, Kahyoza, J.
RULING Samirose Joseph Mpemba, petitioned for letters of administration of the estate of Dickson Joseph Mpemba. Dickson Joseph Mpemba died intestate on 31/12/2021. This court issued general citation and ordered the Petitioner to published it at least 14 days before hearing. The Petitioner complied, she published the general citation in Mwananchi News Paper on 22/04/2022 and in the Government gazette on 29/03/2022 vide G.N. No. 1500/2022. 14 days have long time expired and no caveat has been filed. i I, therefore, appoint Samirose Joseph Mpemba to administer the deceased's estate. I further, order the Petitioner to be granted letters of administration of the estate of Dickson Joseph Mpemba. It is ordered accordingly^--w-^—-=■ J.R. Kahyoza Judge 29/08/2022 J.R. Kahyoza Judge 29/08/2022 2
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