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Tanzania decisions
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The High Court dismissed the appeal, holding that revision was incompetent because the appellant had an available and unblocked right of appeal against the Primary Court ruling.
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.
The High Court allowed an appeal over a closed probate cause, set aside the District Court’s refusal of revision, and ordered the probate proceedings reopened.
The applicant demonstrated good cause for the delay in filing inventory and accounts, including ongoing efforts to identify, collect, and resolve disputes over the deceased's properties, justifying the grant of extension of time.
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The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.
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Probate and administration courts lack jurisdiction to determine contractual disputes; objections to inclusion of property in estate must be raised before grant of letters of administration. Proceedings in both trial and appellate courts were a nullity for exceeding jurisdiction.
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The High Court at Mwanza dismissed an application for contempt-like relief, holding that the applicants lacked locus standi because the appointed receivers were the proper parties.
Failure to serve the respondent with the notice of motion and supporting documents within the prescribed fourteen days is a serious violation of Rule 55(1) and renders the application incompetent; therefore, the application must be struck out with costs.
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The court held that, given the pending main suit over ownership and the ongoing generation of rental income from the disputed property, it is necessary to preserve the rental proceeds in an escrow account to protect the financial interests of both parties until the dispute is resolved.
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The death of the sole executrix rendered the previous grant inoperative, necessitating revocation and the appointment of a new administratrix to ensure proper administration of the estate.
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