final ruling MRS

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA THE SUB-REGISTRY OF MOSHI AT MOSHI PROBATE AND ADMINISTRATION NO. 23839 OF 2024 In the Matter of the Estate of the late MR. PER HJELMAGER AND In the Matter of Application for letters of Administration P endente Lite BY MRS. EVETHER MICHAEL MASSAWE RULING 11th October, 2024. A.P. KILIMI, J. Upon the demise intestate of MR. PER HJELMAGER on 21st July, 2024. The wife and widow of the deceased Mrs. Evether Michael Massawe on 17th September, 2024 filed the Probate and Administration case no. 23089 of 2024 in this court for petition to be granted letters of Administration of the estate of deceased mentioned above, in the said petitioned has attached all documents to make eligible to be appointed as administrator. However, pursuant to the requirement of the law the said petition is on period of publication and will come for final determination in this court on 18th December, 2024. 1 On 24th September, 2024 Mrs. Evether Michael Massawe (hereinafter “the applicant”) filed an application which is subject to this ruling. She has moved this court under section 38 of the Probate and Administration of Estate Act, Cap 352 and Rule 50 of the Probate Rules and it is supported by the applicant’s affidavit. In her chamber summons, the applicant is praying to this court be pleased to grant Letters of Administration Pendente Lite to the Administratrix, Mrs. Evether Michael Massawe, in order she should be able to access and manage the bank accounts of the deceased pending the final determination of the Petition of the administration of the deceased's estate said above. Accounts are as follows; (i) Stanbic Bank Tanzania Limited Moshi Branch, A/C 9120002784325 (Tanzanian Shillings Account) (ii) Stanbic Bank Tanzania Limited Moshi Branch, A/C 9210002813481 (American Dollars Account) (iii) Nordea Bank Dan mark A/5 in Danmark, A/C 2787652355 When this application was called for hearing applicant was represented virtually by the learned advocate Mr. Nshashi Bahame Nyanduga from Nyaduga Law Chambers (Advocates) whearas his client the applicant was present physically in court, submitting on the reasons for the applicant to be granted temporary administration (pendente lite) pending determination of 2 the main application for appointment of administrator, Mr. Nyanduga prayed for the court to adopt the applicant’s affidavit. He further submitted that the applicant is requesting the said letter in order to access to the deceased bank accounts so that she can manage the basic necessities of life of the two dependent children of the deceased, include payment of school fees for Maria Antoinnette Hjelmager and for Michael Per Hjelmager studying in Denmark, and other outgoings of the estate, pending the final granting of letters of administration. The counsel further prayed for the applicant to present the payments of school schedule for the year 2024/2025 from Struer Statsgymnasium, the applicant tendered a letter in this court from the said school which was signed by school secretary one Hanne B. Poulsen. The counsel also stated that was for the deceased child studying in Denmark and for the one studying in Moshi Tanzania, at the time they filed this application, they were not availed with the school fees details. Submitting on family life after the death of MR. PER HJELMAGER, the counsel for the applicant stated during the life time of his family when he was alive, he was the one paying school fees and other necessities of his family, thus currents there are outstanding school fees unresolved and other 3 children’s necessities which has to be taken care by the applicant. Moreover, he stated during the life of the deceased he used to manage his account himself, that which is Moshi Tanzania and other at Denmark, that is why she is praying the said grant in order to accommodate the situation. The counsel for the applicant concluded that, the applicant has committed herself to be responsible in managing accurately, and she will be able to account for the administration she will do as administrator at the time of filing the Inventory and Accounts, all the information regarding the pendente lite administration of the aforesaid accounts. Therefore, by so endeavouring prayed this court to grant the prayer sought. Having considered the application at hand, the applicant’s affidavit and the submissions by the learned counsel, the issue for determination is whether the application at hand has merit. Principally, administrator pendente lite is Latin word meaning “administrator pending litigation on a dispute over a decedent's estate”. It should be noted that an administrator pendente lite is appointed by the court to manage an estate during the pendency of the dispute, or until a more permanent administrator or executor of the estate in question is/are appointed. Generally, the interim administrator to be appointed under this 4 realm is a special administrator who is appointed by a court to fill the role of a normal administrator, usually should hold this position until a permanent administrator is appointed. In our jurisdiction, the said principle is recognized by the law, section 38 of the Probate and Administration of Estate Act Cap 352 R.E 2019 states that; “Pending determination of any proceedings touching the validity of the will of the deceased person or for obtaining or revoking any probate or any grant of letters of administration, the court may appoint an administrator of the estate of such deceased person, who shall have all rights and powers of general administration other than the right of distributing such estate, and every such adm inistrator shall be subject to the im m ediate control of the court and shall act under its direction. [ Emphasis added] Therefore, from the import of the above law, I have taken on board granting duties to applicant as special administrator will have limited authority regarding distributing assets, and she will mainly be appointed to 5 do matters which are necessary during that period . This may be for instance, paying utilities, school fees and of the alike pending the appointment of the main administration. In view thereof, the next point for determination is whether the applicant have proved the above requirement. According to the applicant’s affidavit paragraph the applicant has ventured the duty she is facing for paying school fees for the two children of the deceased, one studying in Denmark and the other in Moshi Tanzania. She has evidenced it by tendering the school fees schedule she received from Denmark. She has also figured out the bank accounts which she believed when this prayer will be granted will help to rescue the situation. In the above applicant’s statement under oath and also the commitment she has entered, that she will be able to administer faithfully and ready to avail accounts of anything she will do during her administration pendente lite, in my view the applicants have adduced genuine reasons for an order of pendent lite to be issued by this court. In the circumstances and taking regard she has complied with the requirements provided under Rule 50 of the Probate Rules. I allow this application on the following conditions; 6 1. The applicant is allowed to control and manage the deceased estates but not allowed to distribute the said estate to heirs or other persons. 2. The applicant is allowed to manage the bank account of the deceased MR. PER HJELMAGER as mentioned to the above extent. 3. If it happens difficult circumstances of managing the deceased estate, the applicant should inform this court immediately and seek directives via Deputy Registrar of this court on the way forward before making any decision or anything of the alike concerning the deceased estate. 4. The applicant should account and file inventory of the estate of the deceased on the day of hearing main application of granting letters of administration showing their administration during pendent lite period. It is so ordered. 7 DATED at MOSHI this 11th day of September, 2024. X JUDGE Signed by: A. P. KILIMI Court: Ruling delivered today on 11th day of October, 2024 in the presence of the applicant in person. Sgd; A. P. KILIMI JUDGE 11/10/2024 8