hassan shivji karim vs saheen hassanali 2021 tzhc 7220 9 august 2021

hassan shivji karim vs saheen hassanali 2021 tzhc 7220 9 august 2021

Applicant demonstrated sufficient grounds for urgent appointment as administrator with limited powers to collect and preserve the estate, supported by affidavit and co-executor's renunciation. Grant is necessary to safeguard assets pending full probate proceedings.

Citation
hassan shivji karim vs saheen hassanali 2021 tzhc 7220 9 august 2021
Parties
Applicant: Shaheen Hassanali; Deceased: Hassan Shivji Karim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 August 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration for Collection and Preservation of Estate
Outcome
application granted
Legal Topics
Grant of Letters of Administration, Collection and Preservation of Estate, Limited Powers of Administrator
Source Language
English
Probate Succession Grant of Letters of Administration Collection and Preservation of Estate Limited Powers of Administrator

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Parties

Shaheen Hassanali

Applicant

Hassan Shivji Karim

Deceased

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Grant of Letters of Administration for Collection and Preservation of Estate

Legal Issues

  1. 1 Whether the applicant should be granted limited letters of administration for collection and preservation of the deceased's estate pending determination of the main probate cause

Ratio Decidendi

Applicant demonstrated sufficient grounds for urgent appointment as administrator with limited powers to collect and preserve the estate, supported by affidavit and co-executor's renunciation. Grant is necessary to safeguard assets pending full probate proceedings.

Court Disposition

application granted

Orders

  • Applicant appointed as administratrix with provisional powers to collect and preserve the deceased's estate pending determination of Probate Cause No. 85 of 2021, subject to Section 39 of the Probate and Administration of Deceased Estate Act Cap. 353 and Rule 51(1) of the Probate and Administration of Deceased...