ROSEMARY SEMZABA MCA NO

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE SUB-REGISTRY OF DAR ES SALAAM) AT DAR ES SALAAM. MISCELLANEOUS CIVIL APPLICATION NO. 5683 OF 2024 (Emanating from Probate and Administration Cause No. 64 of 2016 and pursuant to the orders of the Court (Hon. Mlacha, J. as he then was) dated 10th day of February 2021 in Misc. Civil Application No. 521 of 2020 ) In the matter of the estate of the Late EDWIN SEMZABA…………….......................................DECEASED AND In the matter of the application for Letters of Administration by ROSEMARY SEMZABA……………………PETITIONER

RULING Date of last order: 16/10/2024 Date of Ruling: 15/11/2024 A.A. MBAGWA, J. This is an application for the grant of letters of administration in respect of the estates of the late Edwin Semzaba following the revocation of the former administrator Mr. Lawrence Semzaba. The applicant herein, Rosemary Semzaba has moved this Court by way of a chamber Summons made under sections 33 (1) and 49 (2) of the Probate and Administration of Estates Act hereinafter referred to as the PAEA and Section 95 of the 1 Civil Procedure Code (the CPC). She prays for the following reliefs: 1. This Honourable court be pleased to appoint ROSEMARY SEMZABA (the applicant) as a successor administratrix of the estate of the late EDWIN SEMZABA following the revocation of LAWRENCE FREDRICK SEMZABA as previous Administrator of the Estate of the Deceased.

2. Any other order (s) this Honourable Court may deem fit and just to grant. The application is supported by an affidavit of the applicant. The applicant is the deceased’s younger sister. In essence, she deposed that; One, there are no pending proceedings in any court seeking orders sought in the chamber application. Two, that the applicant has been nominated by the siblings of the deceased who are the beneficiaries of the estate of the deceased. Three, that unless the orders sought are granted, the deceased's estates are on the verge of being destroyed, lost, and/or misused. According to the facts as deciphered from the depositions and attending annexures, the late Edwin Semzaba (deceased) died intestate on the 17th of January 2016. The deceased was survived by his four siblings namely; Rosemary Semzaba, Thomas Semzaba, Catherine Semzaba, and 2 Lawrence Semzaba. Thus, upon the deceased's demise, his younger brother Mr. Lawrence Semzaba petitioned for and was granted letters of administration by this Court in respect of the deceased's estate vide Probate and Administration Cause No. 64 of 2016. See Annexure RS-2 to the petition. However, the said Lawrence Semzaba failed to file an inventory on the deceased’s estate within the prescribed period without sufficient reasons. As such, on 10th February 2021, at the instance of Margreth Mdaki Semzaba, the deceased’s divorcee, his

appointment was revoked by this Court (Hon. Mlacha J) in Misc. Civil Application No. 521 of 2020. See Annexure RS-3. Further, the applicant demonstrated that she was proposed by the family members to be administratrix of the deceased’s estates. It is against this backdrop the petitioner has brought this application to fill the vacancy. Under paragraph 10 (iii) of the petition, Rosemary Semzaba claimed that the deceased's estate is on the verge of being destroyed, lost, and/or misused. The applicant’s petition for an appointment was contested by Margreth Mdaki Semzaba, the deceased’s divorcee through a caveat. Nonetheless, this court, on 23rd September 2024 dismissed the objection for want of merits. 3 On 16th October 2024 when the matter was called on for hearing, Mr. Charles Rugaila, the learned counsel for the petitioner prayed the Court to appoint the petitioner based on the depositions and documentation adduced in court. He cited sections 33(1) and 49 (2) of PAEA and 95 of the CPC to substantiate his submissions. Section 49(2) of PAEA provides; ’49(2).-Where it is satisfied that the due and proper administration of the estate and the interests of the persons beneficially entitled thereto so require, the High Court may suspend or remove an executor or administrator (other than the Administrator- General or the Public Trustee) and provide for the succession of another person

to the office of such executor or administrator who may cease to hold office, and for the vesting in such person of any property belonging to the estate.’ I have keenly gone through the application documents namely, the petition and supporting affidavit along with its annexures. Upon appraisal of the application as a whole, I am satisfied that the petition has met all the legal requirements. I thus grant the petition and appoint Rosemary Semzaba administratrix of the estates of the late Edwin Semzaba. Letters 4 of administration be granted. The petitioner is ordered in terms of section 107 of the PAEA to collect and file an inventory of the deceased’s estate within six months from the date of this ruling and subsequently file a true account of the deceased’s estate within one year. Further, to avoid any confusion that may ensue, the letters of administration should bear Probate and Administration Cause No. 64 of 2016 under which Mr. Lawrence Semzaba was administering the the deceased’s estate before his appointment was revoked. Given that this is a probate matter, I make no orders as to costs. It is so ordered. The right of appeal is hereby explained. Dated at Dar es Salaam this 15th day of November 2024. A.A Mbagwa

JUDGE 15/11/2024 Court: Ruling has been delivered on this 15th day of November 2024 in the presence of Mr. Charles Rugaila, learned counsel for the applicant, 5 Ms. Rosemary Semzaba, Mr. Lawrence Semzaba and Ms. Margreth Mdaki Semzaba/the deceased’s divorced wife. A.A. Mbagwa

JUDGE 15/11/2024 6