20140520 TZHC Arusha

IN THE HIGH COURT OF TANZANIA AT ARUSHA.- MISC.CIVIL.APPLICATION NO. 158 OF 2013 (C/F High Court of Tanzania at Arusha Probate and Administration Cause No. 10 of 2013) 1.RAMADHANI MAABADI } 2. HAMADI MAABADI ........................................... ·....... APPLICANTS Versus 1. MAKA SERAFINI 2. SHIBESH ABEBE 3. MOHAMED MAABADI ..•..................................... RES PON DENTS 4. EZRA JOSHUA MWALUKO RULING: F.H. MASSENGI,J. Applicants Ramadhani Maabadi and Hamadi Maabadi herein and afcer .reffered as 1st and 2nd applicant's respectively are applying for the following orders:- 1. An order for a direction that in administration of the estate of the deceased NINA OMARII by the administrator, the following persons are beneficiaries/heirs entitled to a share in the estate namely RAMADHANI MAABADI, HAMADI MAABADI, TWAHA MAABADI, HALIMA MAABADI, TAUSI MAABADI, HAWA MOSH WAIDA(WAYDA), ASHURA MOSHI, WAI.DA (WAYDA), HASAN! MOSHI WAI.DA (WAYDA) and NURU MOSHI WAIDA (WAYDA).

2. An order for direction that the first and 2nd respondents namely MAKA SERAFINI and SHIBESH ABEBE are. not beneficiaries/heirs to_ the estate of the deceased NINA OMARI because they don't have any blood ties with the deceased NINA OMAR!. . 1 --d -; ~:.3.I :1 --7 they have demonstrated that they have demonstrated that they have blood relationship with the peceased, I totally agree with him as he has submitted that in the applic~nt's submissions page 3 they have clearly demonstrated as to how they are blood related to the deceased which is traced to originated from two sisters from the same father and mother and the named persons are the children of the two blood sisters. And therefore order and direct that to RAMADHANI MAABDAI, MOHAMED MAABADI, HAMADI MAABADI, lWAHA MAABADI, HALIMA MAABADI, TAUSI MAABADI, HAWA MOSHI WAIDA(WAYDA), ASHURA MOSHI WAIDA(WAYDA, HASSANI MOSHI WAIDA (WAYDA) and NURU MOSHI WAIDA (WAYDA), and 3rd respondent MOHAMED MAABADI are the lawful beneficiaries/heirs of the estate of the late NINA OMARI through blood ties. On the second issue that is 1st respondent Maka Serafini and 2nd respondent Shibesh Abebe are not beneficiaries/heirs of the estate of the late NINA OMARI as they don't have any blood ties, 1st respondent in her counter affidavit demonstrate that' he was brought up with the deceased since his infancy, that alone does not give him the right to

inherent as it is blood ties which gives right to inheritance whose deceased have left a will to that effect I don't agree with the . 4th respondents submission who didn't oppose the application that the deceased did intestate as she. did left any will behind. Since the 1st and 2nd respondent have not prove to have any blood ties with the deceased only that 1st respondent was brought up by the deceased his rights if any ceased on the day when deceased passed away. I therefore direct that 1st respondent MAKA SERAFINI and 2nd respondent SHIBESH ABEBE are not beneficiaries/heirs to the estate of the late NINA OMAR!. In regard to the issue that th.is court to give directions that the requireme~t- of a written consent of the two beneficiaries to the price under paragraph 6 of the Agreement for amicable settlement be dispensed ,with effecting the, sale of t~e property/asset of the estate of 3 ·. NINA OMAR! that is Plot No,2 Block 22; Kaloleni, .Arusha Municipality, after considering the circumstances of this application,,_ I hereby direct . that requirei:nent for written consent . bf two beneficiaries to price is hereby vacated and the price to be controlled by the market price. : · I also direct the administrator who the applicant are not opposing to administrator the estate in issue 4th respondent so immediately sale the property on Plot No.2 Block 22,Kalolen I Area Arusha Municipality and have the proceeds there of distributed to the beneficiari~s of the estate of the late NINA OMAR!. The application is hereby granted with costs. (Sgd) F.H. fy1ASSENGI

JUDGE 20/5/2014 . ; . .;,. Delivered court this 20th May 2014 in presence of applicant and in absence of the respondents. (Sgd) F.H. MASSENGI

JUDGE 20/5/2014 . . I here9y· . . ~ 1:- ,._ be a true copy of the original. .,.~~~!/:. ~ .L ,,! ' \ ·. . . .rrt'"~ ,, ~ . "' ,._,,, ::_;."{: , ¢Rl~EGISTRA~ ,~..,.,·\.~::} · • , . __ . / . ARUSHA ~ J?J1( JLj 1 4