Shafik Merali Executor of the Estate Of Sakinabai

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA IN THE SUB-REGISTRY OF MWANZA AT MWANZA PROBATE AND ADMINISTRATION CAUSE NO. 13645 OF 2024 IN THE MATTER OF THE ESTATE OF THE LATE SAKINABAI DOSTMOHAMED PANCHAN AND IN THE MATTER OF PETITION FOR PROBATE BY SHAFIK BADRUDIN MERALI RULING 12th & 24th September, 2024 CHUMA, J. This is a petition for grant of probate to Shafik Badrudin Merali as an executor of the estate of the Late Sakinabai DostMohamed Panchan who died testate (testacy) at Mwanza (Nyamagana) on 24th August, 2023. The Petitioner states that he was a friend of the deceased and he was appointed as an executor by the Last Will and Testament of the late Sakinabai DostMohamed Panchan. That the gross asserts which are likely to come into the Petitioner's hands is a house located at Kenyetta Road Mwanza with Plot No. 144, Block ‘T’ held under Certificate of Title No. 8793 whereby its valued at about TZS. 300,000,000/=. The Petitioner stated further that the deceased at the time of death had a fixed place of abode and had property located in Mwanza City, she was a Tanzanian 1 National and professed Islamic Religion. It was a statement of the Petitioner also that no any grant of probate or letters of administration of the Estate of Late Sakinabai DostMohamed Panchan have been commenced before any court or authority inside or outside Tanzania. The petition is supported by annexures which are: - 1. Certificate of death of the Late Sakinabai DostMohamed Panchan. 2. Last Will and Testament of the deceased 3. Verification of Petition as the witnesses of the Will by Abeed Minazali Manji and Imtiaz Madatali Jaffer. 4. Executor Oath. 5. Affidavit as to domicile of the deceased Late Sakinabai DostMohamed Panchan affirmed by Waheeda Khatry under Rule 33 (c) and 64 of the Probate Rules. 6. Affidavit as to confirmation of the deceased’s names as they appeared at different documents (Death Certificate is Sakinabai DostMohamed Panchan, at her last Will is Sakina DostMohamed Panchan, Certificate of Occupancy is Sikina DostMohamed) affirmed by the petitioner himself. After satisfying myself that a general citation was issued and published in “Gazeti la Jamhuri ya Muungano wa Tanzania”, dated 28th June, 2024, at page 261 and in the local newspaper namely, Mwananchi dated 4th July, 2024 at page 11. 2 Having heard the submission of Mr. Iche Mwakila advocate for the petitioner and since no caveat ever entered objecting to a grant of the application to the instant petition and 14 days has been elapsed/expired. And under Rule 76 of the Probate Rules. I hereby grant the probate to the petitioner Shafik Badrudin Merali as prayed for the following orders; 1. Shafik Badrudin Merali is granted the probate in favor of the estate of the late Sakinabai Dostmohamed Panchan 2. The executor is duty bound to adhere with the law and procedural requirement in administration processes. 3. For orders on 21/10/2024 4. Beneficiary to attend. It is do ordered. DATED at MWANZA this 24th day of September, 2024. W.M. CHUMA JUDGE 3 Judgement delivered in court before Mr. Iche Mwakila, learned counsel for the petitioner this 24th day of September, 2024. W.M. CHUMA JUDGE 4