PETRO GURUSYA MAGENDERO PROBATE AND ADMINISTRATION CAUSE

PETRO GURUSYA MAGENDERO PROBATE AND ADMINISTRATION CAUSE

There was an administrator (William Mtana) who performed duties and probate was closed, but the farm (25 acres) was not administered. Petitioners are qualified to be appointed as administrators for unadministered property under section 33(1) of the PAEA.

Citation
PETRO GURUSYA MAGENDERO PROBATE AND ADMINISTRATION CAUSE
Parties
1st Petitioner: Rose Petro Gurusya; 2nd Petitioner: Magendero Petro Gurusya; Caveator: Dorothea Barongo Gurusya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2024
Procedural Posture
Probate and Administration Cause / Ruling on Caveat and Petition for Letters of Administration
Outcome
Caveat partly fails; petitioners appointed as administrators for unadministered estate.
Legal Topics
Appointment of Administrator, Intestate Succession, Distribution of Estate, Unadministered Property
Source Language
English
Probate Succession Family Law Appointment of Administrator Intestate Succession Distribution of Estate Unadministered Property

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Parties

Rose Petro Gurusya

1st Petitioner

Magendero Petro Gurusya

2nd Petitioner

Dorothea Barongo Gurusya

Caveator

Procedural Posture

Probate and Administration Cause / Ruling on Caveat and Petition for Letters of Administration

Legal Issues

  1. 1 Whether there was an administrator of the estate of late Petro Gurusya
  2. 2 Whether the administrator performed his duties and closed the probate
  3. 3 Whether there is unadministered property

Ratio Decidendi

There was an administrator (William Mtana) who performed duties and probate was closed, but the farm (25 acres) was not administered. Petitioners are qualified to be appointed as administrators for unadministered property under section 33(1) of the PAEA.

Court Disposition

Caveat partly fails; petitioners appointed as administrators for unadministered estate.

Orders

  • All petitioners as listed in caveator affidavit to be shown relevant houses allocated to them and start benefiting; caveator to supervise within 14 days.
  • Rose Petro Gurusya and Magendero Petro Gurusya appointed to administer unadministered estate of late Petro Gurusya Magendero.