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Tanzania decisions
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The High Court held that the District Court lacked jurisdiction over the estate of a deceased Muslim and quashed the probate proceedings and grant of letters of administration.
Appellant failed to prove ownership by oral wakf due to lack of witnesses; pleadings were properly verified; Land Act applies to the disputed land; reasons for transfer of file were recorded; procedure for assessors questioning did not prejudice parties; adverse possession was not pleaded or proved.
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The Court of Appeal held that a dispute over division of matrimonial property between Muslim spouses belonged in the Kadhi’s Court, not the High Court.
The Court of Appeal quashed a High Court judgment over matrimonial property claims, holding the dispute fell within the exclusive jurisdiction of the Kadhi’s Court.
The applicable law for the administration, distribution, and succession of the deceased's estate is Islamic law, which was not followed by the administrator or the lower courts. The distribution must be redone strictly in accordance with Islamic inheritance principles, granting fixed shares to all first-class heirs including the parents, widow, and children.
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The High Court held that the widow was entitled to her one-eighth Islamic inheritance share and ordered the executor to value the estate and pay or allocate that amount.
The High Court held that the deceased wife was entitled to one-eighth of the estate under Islamic succession rules and ordered the executor to value and pay that share.
The High Court held that the widow was entitled to one-eighth of the deceased Muslim estate and ordered the executor to value the estate accordingly.
The Court of Appeal upheld the High Court’s application of Islamic succession law, holding that only one-third of the estate could pass under the will absent heirs’ consent.
The High Court held that a Muslim will was valid but only up to one-third of the estate, and ordered joint administration of the estate.
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