William Elisamiah Msacky vs Involata M. Swai (Probate and Administration Cause 29 of 2019) [2020] TZHC 1094 (29 May 2020)

The petitioner, Involata M. Swai, applied for letters of administration for the estate of her late husband, William Elisamiah Msacky, who died intestate on 20 March 2019. The deceased was nominated by his clan meeting on 27 March 2019 for her to act as administratrix. The estate includes properties in Arusha, Moshi, and Dar es Salaam, two cars, bank accounts at CRDB and NMB, a pension, and additional land. The court granted the application, confirming the petitioner's eligibility under the Probate and Administration of Estates Act, and ordered her to file an inventory within six months and accounts within twelve months of the ruling (29 May 2020).

William Elisamiah Msacky

The court determined whether Involata M. Swai, the lawful wife of the deceased, satisfied the legal requirements for appointment as administratrix of the late William Elisamiah Msacky's estate under section 56 of the Probate and Administration of Estates Act, Cap. 352 (R.E.2002), and Rule 39 of the Probate Rules, G.N. No. 369 of 1963. The petitioner was nominated by the deceased's clan meeting and provided evidence of the deceased's domicile and unchallenged status as the sole surviving spouse and parent of three children.

2019 March 20

The court granted letters of administration of the estate of the late William Elisamiah Msaky to the petitioner Involata M. Swai under section 3 read with section 56 of the Probate and Administration of Estates Act, Cap. 352, and Rule 39 of the Probate Rules, G.N. No. 369 of 1963. The court ordered the petitioner to file an inventory within six months and accounts of the estate within twelve months from the ruling date.

Intestacy

The court granted letters of administration to Involata M. Swai for the estate of William Elisamiah Msaky under the Probate and Administration of Estates Act, Cap. 352 (R.E.2002), and Rule 39 of the Probate Rules, G.N. No. 369 of 1963.

The court relied on section 56 of the Probate and Administration of Estates Act (Cap. 352) and Rule 39 of the Probate Rules (G.N. No. 369 of 1963) to determine the petitioner's eligibility for letters of administration. It emphasized the requirement for a lawful wife to be appointed administratrix when a deceased dies intestate, with clan meeting consent and no objections. Section 3 of the Act was also cited to confirm the petitioner's appointment.

The succession regime combines statutory provisions under the Probate and Administration of Estates Act with customary clan meeting practices in Tanzania.

Involata M. Swai

Appointed by court under Probate and Administration of Estates Act, Cap. 352, following clan meeting nomination and heir consent.

K.N. Robert