william joel mkubwa mdundo vs caroline mkunde mdundo 2021 tzhc 7263 25 october 2021
- Citation
- william joel mkubwa mdundo vs caroline mkunde mdundo 2021 tzhc 7263 25 october 2021
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 October 2021
- Posture
- Probate and Administration Cause / Ruling on Petition for Grant of Probate
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 October 2021
- Posture
- Probate and Administration Cause / Ruling on Petition for Grant of Probate
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PetitionerWilliam Joel Mkubwa Mdundo
Deceased03
Procedural history
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 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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