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Tanzania Judgment

TZHC

william joel mkubwa mdundo vs caroline mkunde mdundo 2021 tzhc 7263 25 october 2021

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01

Holding and result

The petitioner is named as executor in the will, the petition was duly published, and no caveat was filed; therefore, the court grants probate.

Court disposition

Petition granted; petitioner appointed executor.

Orders

  • Grant of probate to issue.
  • Inventory to be filed by 26/11/2021.
  • Hearing on 30/11/2021 at 10:00 hours.

02

Material facts

Parties

Caroline Mkunde Mdundo

Petitioner

William Joel Mkubwa Mdundo

Deceased

03

Procedural history

  1. Posture

    Probate and Administration Cause / Ruling on Petition for Grant of Probate

04

Questions and positions

Legal issues

Whether the petitioner should be appointed executor of the will

Party arguments

Applicant
Petitioner seeks appointment as executor as named in the will; petition was published and no caveat filed.
Respondent
No respondent or objection; matter is non-contentious.

05

Court’s reasoning

  1. 01

    Probate and Administration Law

    Where a will names an executor and no caveat is filed, the court may grant probate to the named executor.

06

Ratio, limits and disposition

Ratio decidendi

The petitioner is named as executor in the will, the petition was duly published, and no caveat was filed; therefore, the court grants probate.

Court disposition

Petition granted; petitioner appointed executor.

  • Grant of probate to issue.
  • Inventory to be filed by 26/11/2021.
  • Hearing on 30/11/2021 at 10:00 hours.

Source and reliance status

TZHC · 25 October 2021

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Judgment text

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Source document

TZHC

Judgment· 25 October 2021

william joel mkubwa mdundo vs caroline mkunde mdundo 2021 tzhc 7263 25 october 2021

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA AT TEMEKE HIGH COURT - SUB REGISTRY (ONE STOP JUDICIAL CENTRE OF TEMEKE) PROBATE AND ADMINISTRATION CAUSE NO. 121/OF 2021

IN THE MATTER OF THE ESTATE OF THE LATE WILLIAM JOEL MKUBWA MDUNDO......................................................................................... DECEASED

AND

IN THE MATTER OF PETITION FOR LETTERS OF ADMINISTRATION BY CAROLINE MKUNDE MDUNDO..................................................... PETITIONER

RULING 25/10/2021 & 25/10/2021 I.e. MUGETA, 3. The Late William Joel Mkubwa Mdundo died on 18/1/2021. He left a will mentioning Caroline Mkunde Mdundo as executor of the will. She has now petitioned to the Court to be so appointed. The Petition was published in the Uhuru Newspaper of 7/10/2021. Todate, no caveat has been filed, therefore, the petition is non contentious. I, accordingly, grant the petition. The petitioner is appointed to execute the will of the deceased. ORDERS: - - Grant of probate to issue. - Inventory to be filed by 26/11/2021 - Hearing on 30/11/2021 at 10:00 hours. Sgd: I.C.MUGETA

JUDGE 25/ 10/2021

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