IN THE DISTRICT COURT OF KONONDONI

AT KINONDONI
CIVIL REVISION NO. 40 OF 2019
(Arising from Probate No. 273 of 2016 at Kawe Primary Court)

BETWEEN
1. MAGRETH KOMU…………………..………….. 1st APPLICANT
2. LUCY PAUL KOMU….…….…………………… 2nd APPLICANT
VERSUS
MICHAEL PAUL KOMU( as Administrator of
the estate of Late PAUL JOHN SANTO)……………RESPONDENT
DRAWN ORDER
The Applicant herein prays against the Respondent on the
following orders:
i. Nullifying, quashing and setting aside all the proceedings
and ruling by Kawe Primary Court in Probate cause No.
273/2016.
ii. An order that, the Respondent should petition on Mirathi
No. 89/2005 before at Moshi Primary Court, if so wishes
to be appointed as administrator of the deceased.
iii. The declaration that, there was no “valid will2 left by the
deceased i.e. the distribution done by the Respondent
basing on the will was invalid.
iv. That declaration that the deceased estate be
divided/distributed in equally share(s) among the legal
beneficiaries.
v. That the Respondent was wrong to distribute the
deceased estate to his wife “Josephine Lyimo” who wasn’t
beneficiary to it.
vi. Costs` of this application.
This matter is coming for ruling on this 24th day of September,
2021 before Hon. Jacob, RM and in the presence of both
advocates for the Applicant and the Respondent.

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IT IS HEREBY ORDERED;
1. The Application is rejected.
2. No order as to costs.

BY THE COURT:
Given under my Hand and seal of the Court on this 24th day of
September, 2021.

……………………
S.K. JACOB
Resident Magistrate
Kinondoni District Court

Extracted on this ………….. day of …………………………., 2022

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