zainabu rashid and another vs werandumi benjamin ulomi 2020 tzhc 4563 11 december 2020

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF MOSHI

AT MOSHI MISC. CIVIL APPLICATION NO. 3 OF 2020 1. ZAINABU RASHID 2. JULIUS ZUBILATE.................................................... APLICANT

VERSUS WERANDUMI BENJAMIN ULOMI............................... RESPONDENT

RULING 18/6/2020, 11/12/2020 MWENEMPAZI, J This application has been made under section 9 of the Probate and Administration of Estate Act, Cap. 352 R.E. 2002, Rule 109(1) and (2) of the Probate Rules and Section 95 of the Civil Procedure Code, Ca. 33 RE 202. The applicants are praying for the following orders, namely:- 1. That this Honorable court be pleased to grant to applicants an extension of time to exhibit an inventory or account out of time.

2. That, the Respondent be ordered to submit and surrender to this Honorable court all the deceased's landed property certificate of titles, agreements for purchase of registered and unregistered land, Primary Mining Licenses, fire arms certificates, cheque books, motor vehicle log i books, deceased death certificate, beneficiaries' birth certificates, machines and equipment's ownership and purchase documents and any other related documents in their original forms.

3. Costs of this application be provided for.

4. Any other and further relief as this court shall deem appropriate. The application is supported with an affidavit sworn jointly by Zainabu Rashid and Julius Jubilate. In it, the deponents have stated that they were appointed together with the respondent to be administrators of the estate of the late Jubilate Benjamini Ulomi. That was on 18th July, 2019. They were ordered that a fully and true inventory of the properties and credits belonging to the deceased Jubilate Benjamini Ulomi be exhibited within six (6) months from the date of grant or within further time as it may be appointed by the court. The applicants have stated that they have failed to exhibit inventory as per the court scheduled time due to the respondent's action of holding deceased's landed property certificate of titles, agreements of purchase of registered and registered land primary mining license, five arms certificates, cheque books, motor vehicle log books, deceased's death certificate, beneficiaries birth certificates, machines, and equipment's ownership and purchase documents, without declaration nor proper accounting as per his duties as administrator. The applicants have made follow up through visits, phone call and letters over the matter but they could not succeed and the respondent has ignored to honour the court order. They thus, could not execute their duties 2 within time as ordered due to

challenges experienced; they are praying the orders to be granted. The respondent is opposing the application and has filed a counter affidavit. The contents of paragraph 4 of the affidavit have been disputed and the respondent has stated that the applicants have jointly abused the contents of deed of settlement. Essentially, said contents emanates from the contents of the Will. The respondents allege mishandling of funds meant for the under eighteen beneficiaries and the applicant; and that the respondent has been receiving rent without accounting the appropriation of the same nor reporting to the clan elders. The respondent is even disputing the need so extend time to file an inventory as per paragraph 8 of affidavit. It was agreed by parties that the application be disposed by way of written submission. The court granted leave and a scheduling order whereby the applicants were ordered to file their written submission on or before 28th May, 2020, the respondent to file reply on or before 11th June, 2020 and rejoinder if any on 18th June, 2020. Only the applicants complied to the scheduling order. In their written submission the applicants have reiterated the contents of the affidavit and expanded further by focusing on the disputed paragraph 4 of the said affidavit. In the submission the applicants have submitted that administration of the estate has not been smooth and there

has not been any compliance to the order of the court on the time frame for exhibiting an inventory because some of the documents are being retained by the respondent. Worse 3 enough properties are being transferred to third parties through the use of the said documents. They pray that if the 1st order is granted then it will be practical for the 2nd prayer also to be granted so that the applicants are able to execute their office as administrators of the estate of the late Jubilate Benjamin Ulomi. The applicants have submitted that properties which have been transferred are motor vehicles with Registration No. T882BNH transferred to Lightness Liberatus Temu on 27/3/2019, T134QZH transferred Stephen Temu on 31/1/2019 T432BZK transferred to Kuringa transport company on 27/3/2019, and T587 DCS transferred to Weranduni Benjamini Ulomi, the Respondent on 26/1/2019 soon after the death of the late Jubilate Benjamini Ulomi was the owner. The last part of the properties transferred was not listed in the affidavit. However, it serves to be an alert that something not good may be going on. As the administration of estate is supposed to be done by the parties within a fixed period of time subject to extension by the court, I think in the interest of Justice it will be prudent to extend the time for three months from today so that the applicant and the respondent as well file the

inventory as required by law and also accounts if practical within six months. The respondent is further ordered to bring forth the papers and or document as prayed so that they are acted upon jointly by the administrators in fulfilling their duties as administrators of the estate of the late Jubilate Benjamini Ulomi. I refrain from ordering the same to be brought to court as 4 the administration of estate is outside the parameters of what IS supposed to be done by the Court. The application is granted to the extent explained. No order as to costs. It is ordered accordingly. T.M. MWENEMPAZI

JUDGE 11/12/2020 5