NYEKAJI

NYEKAJI

The application for extension of time was filed more than three years after the applicant's appointment as administrator, contrary to Rule 109(2) of the Probate Rules, which requires such applications to be made before expiry of the prescribed period. The court therefore lacks jurisdiction to grant the extension as prayed, but may issue an order under Rule 110(1) for filing inventory or accounts in the main probate cause, not in the present application.

Citation
NYEKAJI
Parties
Applicant: Majura Songo Nyekaji
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 March 2021
Procedural Posture
Probate and Administration / Ruling on Application for Extension of Time
Outcome
Application struck out
Legal Topics
Extension of Time, Filing of Inventory, Filing of Accounts, Administrator's Duties
Source Language
English
Probate Estate Administration Extension of Time Filing of Inventory Filing of Accounts Administrator's Duties

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Parties

Majura Songo Nyekaji

Applicant

Procedural Posture

Probate and Administration / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to file inventory and accounts as administrator of the estate
  2. 2 Whether the application complies with procedural requirements under the Probate Rules

Ratio Decidendi

The application for extension of time was filed more than three years after the applicant's appointment as administrator, contrary to Rule 109(2) of the Probate Rules, which requires such applications to be made before expiry of the prescribed period. The court therefore lacks jurisdiction to grant the extension as prayed, but may issue an order under Rule 110(1) for filing inventory or accounts in the main probate cause, not in the present application.

Court Disposition

Application struck out

Orders

  • Application for extension of time is struck out for being misconceived and filed in contravention of Rule 109(2) of the Probate Rules.