In the matter of the Estate of the late Nalaila Lazaro Kiula and in the matter of application for letters of administration by Amani Nalaila Kiula (Probate and Administration Cause No. 155 of 2022) [2023] TZHC 155 (23 August 2023)

TanzLII

Automated Summary

Deceased Name

Nalaila Lazaro Kiula

Key Facts

The deceased, Nalaila Lazaro Kiula, died intestate on 13 January 2022, leaving five beneficiaries including his son, the petitioner Amani Nalaila Kiula. The application for letters of administration became contentious after the deceased’s widow (Elia Kingu) and another son (Bahati Nalaila Kiula) lodged a caveat. The court found the caveat’s supporting affidavit defective under Rule 3(1) of Order XIX of the Civil Procedure Code and Section 62 of the Law of Evidence Act, as it included allegations, prayers, and unverified information. The court sustained the petitioner’s preliminary objection, striking out the caveat, and appointed Amani Nalaila Kiula as administrator of the estate, citing the absence of valid objections and the need to prevent estate waste.

Issues

The court evaluated the Petitioner's objection that the 2nd Caveator's Affidavit was defective for containing allegations, prayers, and extraneous matters not in the deponent's knowledge, violating Rule 3(1) of Order XIX of the CPC and Section 62(1)(a)(d) of the Law of Evidence Act. The issue centered on whether these defects invalidated the Caveator's Appearance and the subsequent Caveat against the Petitioner's application for Letters of Administration.

Date of Death

2022 January 13

Holdings

  • The court appointed the Petitioner, Amani Nalaila Kiula, as Administrator of the late Nalaila Lazaro Kiula's estate. This decision followed the invalidation of the 2nd Caveator's Appearance, with no remaining objections to the Petitioner's qualification under section 33(1) of the PAEA.
  • The court sustained the Petitioner's objection that the 2nd Caveator's Affidavit was defective under Rule 3(1) of Order XIX of the CPC and section 62(1)(a)(d) of the Law of Evidence Act. The Affidavit contained allegations, prayers, and extraneous matters, rendering the Caveator's Appearance incompetent and effectively dismissing the caveat against the Petitioner's appointment.

Remedies

  • The Petitioner is required to file the inventory of the deceased's estate by 09 October 2023.
  • The court has granted letters of administration to the Petitioner, Amani Nalaila Kiula, to administer the estate of the late Nalaila Lazaro Kiula.
  • A hearing is scheduled for 16 October 2023 at 1100Hrs, with all beneficiaries required to be present.

Will Type

Intestacy

Probate Status

Letters of Administration granted to the Petitioner.

Legal Principles

The court applied the principle that affidavits must be confined to facts within the deponent's own knowledge and must not contain arguments, opinions, prayers, or speculative content. This was based on Rule 3(1) of Order XIX of the Civil Procedure Code and section 62(1)(a)(d) of the Law of Evidence Act, emphasizing that affidavits serve as direct written evidence and cannot include fabrications, sentiments, or hearsay.

Succession Regime

Succession governed by intestacy laws under the Probate and Administration of Estates Act, as the deceased died without a will.

Precedent Name

  • Lisa E. Peter v. Al- Hushoom Investment
  • Jacqueline Ntuyabaliwe Mengi and 2 others v. Abdiel Reginald Mengi and 5 others
  • Director of Public Prosecution v. Dodoli Kapufi and Patson Tusalile
  • Anatol Peter Rwebangira v. Principal Secretary Ministry of Defence and National Service and Hon. Attorney General

Executor Name

Amani Nalaila Kiula

Cited Statute

  • Probate and Administration of Estates Act Cap 352 RE2019
  • Civil Procedure Code Cap 33 R.E 2019
  • Law of Evidence Act Cap 6 RE2022
  • Probate Rules, 1963

Executor Appointment

Appointed by the court as Administrator of the estate of the late Nalaila Lazaro Kiula following invalidation of the caveat

Judge Name

A.A. Omari

Beneficiary Classes

  • Spouse / Civil Partner
  • Child / Issue
  • Other

Passage Text

  • I find the Petitioner's points of objection as meritorious and sustain the objection. In that regard the Appearance by the Caveator is incompetent hence non-existent; thus, the status of the Application for Grant of Letters of Administration is as if there is no Caveat against the Petitioner.
  • The Petitioner, Amani Nalaila Kiula is hereby appointed as the Administrator of the estate of the late Nalaila Lazaro Kiula. In so doing he shall exhibit the inventory of the deceased's estate and accordingly file the final accounts on the same within the time as shall be prescribed by this court.