20161216 TZHC Dar es Salaam

20161216 TZHC Dar es Salaam

The property on Plot No. 44/27 Flur III, Upanga Road, Dar es Salaam, comprised in Title No. 5981, is part of the estate of the late Seifuddin Tayabali Essaji. The Will dated 6th December 2005 is valid, having been properly executed and witnessed. The caveator's claims based on family agreements and alleged forgery are unsupported by credible evidence. Probate is granted to the petitioner.

Citation
20161216 TZHC Dar es Salaam
Parties
Petitioner/plaintiff: Farida Seifuddin Essaji; Caveator/defendant: Shabir Tayabali Essaji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2016
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Caveat overruled; probate granted; petitioner appointed executor.
Legal Topics
Probate, Validity of Will, Estate Administration, Ownership of Property
Source Language
English
Succession Law Property Law Probate Validity of Will Estate Administration Ownership of Property

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Parties

Farida Seifuddin Essaji

Petitioner/plaintiff

Shabir Tayabali Essaji

Caveator/defendant

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether Plot No. 44/27 Flur III, Upanga Road, Dar es Salaam is part of the estate of the late Seifuddin Tayabali Essaji
  2. 2 Whether the Will of Seifuddin Tayabali Essaji dated 6th December 2005 is valid

Ratio Decidendi

The property on Plot No. 44/27 Flur III, Upanga Road, Dar es Salaam, comprised in Title No. 5981, is part of the estate of the late Seifuddin Tayabali Essaji. The Will dated 6th December 2005 is valid, having been properly executed and witnessed. The caveator's claims based on family agreements and alleged forgery are unsupported by credible evidence. Probate is granted to the petitioner.

Court Disposition

Caveat overruled; probate granted; petitioner appointed executor.

Orders

  • Probate of the Will of Seifuddin Tayabali Essaji granted to Farida Seifuddin Essaji
  • Farida Seifuddin Essaji appointed executor of the estate