PROBATE AND ADMINISTRATION CAUSE NO
- Citation
- PROBATE AND ADMINISTRATION CAUSE NO
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TANZLII
- Decision
- 1 January 2023
- Posture
- Probate and Administration Cause / Grant of Probate
- Language
- English
More details
- Court
- TANZLII
- Decision
- 1 January 2023
- Posture
- Probate and Administration Cause / Grant of Probate
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
ApplicantIqbal Hamiduddin
ApplicantNasir Hamiduddin
Deceased03
Procedural history
Posture
Probate and Administration Cause / Grant of Probate
04
Questions and positions
Legal issues
- 01
Whether the applicants are entitled to grant of probate as executors named in the Will
- 02
Whether the petition is non-contentious
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
Legal principles
- 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
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.
TANZLII
Judgment· 1 January 2023
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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