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Tanzania Judgment

TANZLII

PROBATE AND ADMINISTRATION CAUSE NO

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The applicants are appointed as executors of the Will since the petition was duly published, no caveat was filed, and the matter is non-contentious.

Court disposition

grant of probate issued

Orders

  • Grant of probate to issue.
  • Rule 111 of the Probate Rules to be complied with.
  • Inventory and Final Accounts of the estate to be filed by 07/5/2024.
  • Hearing on 27/5/2024 at 10:00HRs beneficiaries to join via virtual court.

02

Material facts

Parties

Sarah Hamiduddin

Applicant

Iqbal Hamiduddin

Applicant

Nasir Hamiduddin

Deceased

03

Procedural history

  1. Posture

    Probate and Administration Cause / Grant of Probate

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicants petitioned for grant of probate as executors named in the Will; no caveat filed to oppose.
Respondent
No respondent; petition unopposed.

05

Court’s reasoning

  1. 01

    Probate Rules, Rule 111

    Grant of probate to executors named in the Will when petition is non-contentious and no caveat is filed.

06

Ratio, limits and disposition

Ratio decidendi

The applicants are appointed as executors of the Will since the petition was duly published, no caveat was filed, and the matter is non-contentious.

Court disposition

grant of probate issued

  • Grant of probate to issue.
  • Rule 111 of the Probate Rules to be complied with.
  • Inventory and Final Accounts of the estate to be filed by 07/5/2024.
  • Hearing on 27/5/2024 at 10:00HRs beneficiaries to join via virtual court.

Source and reliance status

TANZLII · 1 January 2023

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 1 January 2023

PROBATE AND ADMINISTRATION CAUSE NO

IN THE HIGH COURT OF UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTY OF MTWARA

AT MTWARA PROBATE AND ADMINISTRATION CAUSE NO. 1 OF 2023

IN THE MATTER OF THE ESTATE OF THE LATE NASIR HAMIDUDDIN

AND

IN THE MATTER OF AN APPLICATION FOR GRANT OF PROBATE BY

SARAH HAMIDUDDIN AND IQBAL HAMIDUDDIN

RULING April & April, 2024 MPAZE, J:. The deceased in this matter, nasir hamiduddin died testate on 18th June,2023 in Mikindani, Mtwara Region. SARAH hamiduddin and iqbal hamiduddin the executors named in the deceased's Will petitioned for grant of probate to execute his Will. The Petition was published by way of general citation in the Government Gazette of 23rd February, 2024 and in Uhuru newspaper of 23rd February,2024. Upon publication no caveat has been filed to oppose the petition, making it non-contentious. In that regard I appoint the Petitioners, SARAH HAMIDUDDIN AND IQBAL HAMIDUDDIN as executors of the Will of the deceased NASIR HAMIDUDDIN. M.B MPAZE

JUDGE 5/4/2024 1 ORDER: 1. Grant of probate to issue.

2. Rule 111 of the Probate Rules to be complied with.

3. Inventory and Final Accounts of the estate to be filed by 07/5/2024.

4. Hearing on 27/5/2024 at 10:00HRs beneficiaries to join via virtual court. M.B MPAZE

JUDGE 5/4/2024 2

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Probate Rules, Rule 111

Legislation

Legislation referenced in the available case record.

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