Automated Summary
Key Facts
The case involves an application for letters of administration by Mohamed A. Nur Roberry for the estate of his deceased brother, Mahad Abdullahi Nur, who died in Kisamayo, Somalia on 12th July 2019. The deceased was survived by seven heirs: his widow Falastin Ali Abdi, four children (Jamal, Jabril, Jamil, Jihan), and his parents Abdullahi Nur Guleid and Habiba Nur Rage. The estate is valued at approximately Tshs 800,000,000/=, comprising shares and assets in companies including Maisha Supermarket Limited, Victoria Plaza Limited, Quality Furniture Limited, and Paradise Holiday Resort, along with funds in multiple bank accounts. The court approved the application after verifying consents from all heirs, confirming no objections following a 14-day citation period (published 20th September 2019), and determining Mohamed A. Nur Roberry's suitability as administrator based on family nomination and evidence of the deceased's domicile in Dar es Salaam. Letters of administration were granted on 20th March 2020.
Deceased Name
Mahad Abdullahi Nur
Issues
- The court evaluated whether Mohamed A. Nur Roberry, the petitioner, meets the legal requirements to be appointed as administrator of the late Mahad Abdullahi Nur's estate. This included assessing his suitability, the consents from heirs, and compliance with procedural obligations such as the family meeting and oath submission.
- The court confirmed that the citation was published on 20th September 2019 as required under Rule 75 of the Probate Rules. No caveat or objection was received within the 14-day period or thereafter, which supported the petitioner's eligibility for appointment.
- The court determined its jurisdiction based on the deceased's fixed place of abode in Dar es Salaam and his Tanzanian nationality, despite the death occurring interstate in Somalia. This aligns with the Probate and Administration of Estates Act's provisions for jurisdiction in such cases.
Date of Death
2019 July 12
Holdings
The court determined that Mohamed A. Nur Roberry qualifies for appointment as administrator of the late Mahad Abdullahi Nur's estate, as no objections were filed after the citation was published on 20th September 2019.
Estate Value
800000000.00
Remedies
- The court ordered that letters of administration be issued to Mohamed A. Nur Roberry to administer the estate of the late Mahad Abdullahi Nur in compliance with the Probate and Administration of Estates Act, Cap 352 and Probate Rules.
- The administrator (Mohamed A. Nur Roberry) is required to exhibit an inventory of the estate and file it in the court no later than 6 months after the date of appointment, unless the court extends the deadline.
Probate Status
Letters of administration issued to petitioner for estate administration.
Legal Principles
The court applied sections 52(a), 53, 56(1) & (2), and 57 of the Probate and Administration of Estates Act (Cap 352 R.E 2002) alongside Rule 14(1) and (2) of the Probate Rules (GN Nos. 10, 107, and 1963 of 1963) to grant the application for letters of administration. These provisions governed the court's assessment of jurisdiction, required documentation (death certificates, administrator's oath, heir consents, financial sureties, and affidavits), and procedural compliance.
Succession Regime
Islamic succession laws applied to the deceased's estate.
Executor Name
Mohamed A. Nur Roberry
Cited Statute
- Probate and Administration of Estates Act
- Probate Rules
Executor Appointment
Court Appointed as Administrator
Judge Name
J.L. Masabo
Passage Text
- Having considered the content of the application and the evidence tendered and having regard to the fact that, after the general citation was published on 20th September 2019 no caveat or objection was entered at the expiry of 14 days or thereafter this court is of the settled view that the Petitioner qualifies for appointment as administrator of the estate of the late Mahad Abdullahi Nur.
- PW1 told the Court that, the deceased was his brother and that he died interstate at Kisimayo in Somalia being survived with a widow, his fourchildren, and his two parents... the family convened a family meeting which were attended by the widow and some of the heirs of the late Mahad Abdullahi Nur, who nominated him for appointment as Administrator hence he is suitable for appointment.
- Accordingly, it is ordered that the letters of administration be issued to the said Mohamed A. Nur Roberry who shall administer the estate in full compliance with the provisions of the Probate and Administration of Estates Act, Cap 352 and the Probate Rules. Further to the appointment, the said Mohamed A. Nur Roberry shall exhibit an inventory and file it in this court no later than 6 months after the date of appointment unless otherwise the date upon which to exhibit the inventory is extended by this Court.
Beneficiary Classes
- Child / Issue
- Heir-At-Law
- Spouse / Civil Partner