Written Submission

 

IN THE DISTRICT COURT OF MUSOMA 

AT MUSOMA

APPLICATION FOR REVISION No........ OF 20.......

(Arising from Probate No. 22/2019 at Kukirango Primary Court N.A.Salehe P.CRM and decided on 07/08/2020)

xnnba…...….……..……. APPELLANT

Versus

afaffgg……………....……RESPONDENT 

 APPLICANT’S WRITTEN SUBMISSION

(Pursuant to the Order of this Honorable Court dated 24/4/2020 Hon. Marwa RM I/C)

Your honour

This is an application for revision arising from probate cause No.44 of 2019 at kukirango primary court and the original of this case is probate cause No.56 of 2015.On 20/3/2019 the applicant was appointed as an administratrix of the estate of the late Richard Tinga who passed away on 23/12/2014 , immediately the applicant  started discharging her duties as an administratrix of the estate of the late Richard Tinga by collecting the debt and assets of the deceased for the purpose of distributing the same to the heirs.

Your honour

While discharging her duties, ............ filed objection No 44/2019 against the applicant ........................... The court heard objection on merit and on 19/7/2019 the court delivered its judgment and revoked the appointment of the applicant on the reason that, the clan meeting which resulted to the appointment of the applicant was not properly constituted as the same did not involve the heirs of the deceased.

Your honour

The court having made that decision , finally directed that, the clan meeting to be reconvened by involving all the heirs of the deceased and appoint the administrator of the estate and the court fixed the date for reconvening that meeting that was to be on 19/8/2019.Your honour, no meeting was reconvened as ordered by the trial court and the applicant who is the lawful wife of the late Richard Tinga and her children had never been involved in the decision related to the property of the deceased.

Your honour

The applicant while waiting the reconvening of the clan meeting, the respondent Christina Tinga filed in court Probate Application No. 42/2019 requesting the court to appoint her as an administratrix of the deceased estate. On 7/8/2019,............... was appointed as an administratrix of the estate of the deceased Richard Tinga.

Your Honour

It is the requirement of the law that, the appointment of the administrator of the estate of the deceased person must involve the family members where the family member appoints one member of the family to administer the estate of the deceased and the appointed person goes to court to petition for letter of administration (probate form no.4).your honour the petitioner must have the relevant documents such as death certificate of the deceased, the minutes of the clan meeting and other relevant documents if any.

Your honour

Upon the registration of the petition, the court will enter general citation to inform the general public that so and so has filed the petition to this court requesting this court to appoint him / her to appoint him or her as an administrator of the estate of the deceased so and so, let any person objecting the appointment file his/her objection to this court.

Your honour

The general citation is coached in mandatory terms in The Primary Courts (Administration of the Estate Rules) GN 1971, form No. II of the schedule to the rule, we humbly quote “ watu wote wanaodai kuwa na uhusiano wowote na marehemu …… wanaalikwa kuja na kuhudhuria kesi wakitaka mnamo tarehe……kabla huyo muombaji hajateuliwa kuwa msimamizi wa mirathi hiyo”. Petitioner fills form No.I for appointment to be administrator/ administratrix, immediately the court is required to issue form No.II. General citation.

Your honour

In our case, no general citation was made by the trial court and the court appointed ............. as administratrix of the estate of the late Richard Tinga, and ........................ included the remote beneficiaries to the estate including .............. and her two children who ......................... was a concubine to the deceased and ..................... who was also a concubine to the deceased. 

Your honour

The deceased during his life time has a single legally wife who is known (the applicant) they got married, their marriage was a Christian marriage and blessed with four issues of marriage. It was illegal for these concubines to interfere with the deceased estates according to the applicant.

Your honour

We humbly submit that, the appointment of Christina Tinga as administratrix of the estate of the late Richard Robare Tinga was illegal and the distribution of the estate was not distributed to the beneficiaries alone, other persons who did not deserve the division got the division while other person who deserves the division got the small division.

Your honour

we humbly  submit that this application be allowed with costs, the appointment of the applicant be revoked-

 the misplaced asserts of the deceases be restored to the legally acceptable beneficiaries.

We humbly submit

Dated this………….day of…………….2020

……………………..

(Advocate for the applicant)

Presented for filing this……day of….......2020

……………………

court`s clerk

 

DRAWN AND FILED BY:

...................... (ADVOCATE)

................CHAMBERS ADVOCATES

PAMBA HOUSE 

GROUND FLOOR

P.O. BOX .........

MUSOMA

MOBILE:....................

 

COPY TO BE SERVED UPON:

.................................