zahir firoz hirji vs shabnam hanif radak 2021 tzhc 6718 28 october 2021
The court granted the petition for letters of administration as the parties agreed to the appointment, the will was dropped, and the caveat was withdrawn.
Source-derived case information.
- Citation
- zahir firoz hirji vs shabnam hanif radak 2021 tzhc 6718 28 october 2021
- Parties
- Petitioner: Zahir Firoz Hirji; Caveator: Shabnam Hanif Ladak
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2021
- Procedural Posture
- Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
- Outcome
- Petition granted; petitioner appointed as administrator of the estate.
- Legal Topics
- Grant of Letters of Administration, Withdrawal of Caveat, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zahir Firoz Hirji
Petitioner
Shabnam Hanif Ladak
Caveator
Procedural Posture
Probate and Administration Cause / Ruling on Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioner should be appointed as administrator of the estate
- 2 Effect of withdrawal of caveat and dropping of will
Ratio Decidendi
The court granted the petition for letters of administration as the parties agreed to the appointment, the will was dropped, and the caveat was withdrawn.
Court Disposition
Petition granted; petitioner appointed as administrator of the estate.
Orders
- Petitioner to be issued with letters of administration
- Petitioner to administer the estate faithfully and in accordance with the law within six months or as extended by the court
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF KIGOMA) AT KIGOMA PROBATE AND ADMINISTRATION CAUSE NO. 1 OF 2021 IN THE MATTER OF THE ESTATES OF THE LATE FIROZ KASSAM HIRJI AND IN THE MATTER OF APPLICATION FOR GRANT LETTER OF PROBATE BY ZAHIR FIROZ HIRJI .......................................................... PETITIONER AND SHABNAM HANIF LADAK.......................................................CAVEATOR RULING 28th & 28th October, 2021 A. MATUMA, J. There having been agreement between the parties that the Petitioner in this matter Mr. Zahir Firoz Hirji be appointed as administrator of the estate of his late father Firoz Kassam Hirji, and there having been dropped a WILL which was intended to be executed, and there having been a withdraw of the Caveat to the Petition, I do hereby grant the petition and appoint the petitioner Mr. Zahir Firoz Hirji as administrator of the estate of the late Firoz Kassam Hirji. I further direct that the administration of the said estate shall be governed by the Probate and Administration of the Estate Act, as dully agreed by both parties. i I therefore direct the appointed administrator to be issued with letters of administration and direct him to administer the estate faithfully and in accordance to the law within the prescribed period of Six months and in any other case within the period as shall be sought and dully extended by this court. It is so ordered. his advocates; Mr. Musa Kassimu and Damas Sogomba and in the presence of Mr. Daniel Rumenyela learned advocate holding brief of Advocate Ismail for the caveator. Sgd: Matuma Judge 28/10/2021 2