RULING Selbelga Beno Komba

THE UNITED REPUBLIC OF TANZANIA JUDICIARY IN THE HIGH COURT OF TANZANIA SONGEA SUB-REGISTRY AT SONGEA MISCELLANEOUS CIVIL APPLICATION NO. 21028 OF 2024 (Originating from the High Court of Tanzania, Songea Sub-Registry in Probate & Administration Cause No. 01 of 2022) IN THE MATTER OF THE PROBATE AND ADMINISTRATION OF ESTATES ACT (CAP. 52, R.E 2002) IN THE MATTER OF THE ESTATE OF THE LATE BENO LIPINDA KOMBA IN THE MATTER OF APPLICATION FOR EXTENSION OF TIME BY SELBELGA BENO KOMBA RULING Date of Last Order: 26th September, 2024. Date of Ruling: 30th September, 2024. KAWISHE, J.: This is an application made by the applicant for extension of time within which she can file inventory and final accounts of the estate of the late Beno Lipinda Komba. The application is made by way of chamber summons under section 93 of the Civil Procedure Code (Cap 33, R.E 2019), 1 section 107 (2) of the Probate and Administration Estates Act (Cap 352, R. E 2002) and Rule 14 of the Probate and Administration Rules of 1963 (GN. No. 369 of 1963) and it is supported by the affidavit sworn by the applicant setting out the reasons for the delay in complying with the court’s orders. The facts of this matter as garnered from the pleadings and the original records in Probate and Administration Cause No. 01 of 2022, entails that: The applicant, Selbelga Beno Komba, on the 4th day of August, 2023 was granted with the letters of administration of the estate of her late father, one Beno Lipinda Komba who died intestate on 22nd December, 2017. As the administratrix, the applicant was ordered by this Court to administer the estate of the deceased in accordance with the law. She was directed to make and file the inventory of the estate of the deceased in this Court within six (6) months from the date she was granted with the letters of administration. She was further ordered to present final accounts after 12 months from the date thereof. The applicant failed to abide with the above Court’s order of filing the inventory of the estate of the deceased in this Court within six (6) months from the date she was granted with the letters of administration and present final accounts after 12 months; hence this application for extension of time to abide with the court’s orders. 2 From the affidavit, the applicant has stated that she failed to abide with the court’s orders for the reason that: One, as an administratrix of the deceased’s estate she encountered with some hindrances in the course of administering the estate of the deceased. Two, that after the demise of her late father, the deceased’s land was trespassed by other persons who are not lawful heirs and in resolving them, she was required to file suits against them. Three, there were some properties of the deceased were registered in the names of other people and it took long time to identify them and change the ownership. Four, the deceased’s estates were scattered and it was not easy to collect and administer the estate within the period prescribed by the law. It is worthy to note that, this application was not contested. At the hearing of the application, the applicant had no representation, she appeared in person, she fended for herself. Submitting in support of the application, she prayed for her affidavit filed in support of the application to form part of her submission and insisted that, she failed to file the inventory within the prescribed time due to the encumbrances stated in her affidavit. She averred that; she has filed this application for extension of time since she is out of time prescribed by the law. She prayed for this 3 Court to extend time to file the inventory and accounts of the deceased’s estates. I have gone through the affidavit sworn in support of the application and the submissions made by the applicant in this application. This Court is called upon to determine on whether the applicant is entitled for an order for extension of time within which she can present an inventory and accounts of the estates of her late father out of the prescribed time. In our jurisdiction, the discretionary powers of granting an order for extension of time are vested to the Courts. Such powers are exercisable upon good and sufficient cause being shown and in doing so the Court has to look not only the reason for the delay but also for extending time. In Regional Manager, Tanroads Kagera vs. Ruaha Concrete Company Ltd, Civil Application No.96 of 2007 (unreported), the Court of Appeal had this to state: ‘The test for determining an application for extension of time, is whether the applicant has established some material amounting sufficient cause or good cause as to why the sought application is to be granted.’ See also the decision made in Republic vs. Yona Kaponda & Others (1985) T. L. R 84. 4 Section 107 (2) of the Probate and Administration Estates Act (supra) enjoins this Court with powers to extend time to file an inventory and accounts of the estate in case the administrator/executor fails to discharge his/her legal duties within the prescribed period. The applicant’s affidavit sworn in support of the application and the submission made in its support show that the applicant was diligent in pursuing the court’s orders only the hindrances met delayed her. Thus, I am of the considered view that, in the present application, the reason advanced by the applicant amounts to sufficient cause to enable this court to exercise his discretionary powers to grant for an order for extension of time to present an inventory and final accounts of the estate of the late Beno Lipinda Komba. The applicant has put reasonable justification to warrant for the prayers sought in this application to be granted. Consequently, the application is allowed. The applicant is given four months to file the inventory and final accounts in respect of the estate of the late Beno Lipinda Komba in Probate and Administration Cause No. 01 of 2022. The time counts from the date of this ruling. It is so ordered. 5 DATED and DELIVERED at SONGEA this 30th day of September, 2024. E. L. KAWISHE JUDGE COURT: This ruling delivered in the presence of the applicant in person. E. L. KAWISHE JUDGE 30/09/2024 6