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Tanzania decisions
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In this second appeal, the High Court held that intestate inheritance turns on blood relationship or marriage, not on where the deceased lived, and allowed the appeal.
Petitioner is appointed executrix as there are newly discovered assets requiring administration, with compliance to legal requirements and consent from co-heir.
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The High Court in Arusha granted the probate petition, appointing Invocavit Elinami Temu as administrator of the estate after finding statutory compliance and no caveat.
Appellants had locus standi and pursued the correct remedy by appeal, but since the Will was validated and not challenged, distribution must follow its provisions. No legal justification exists to interfere with the trial court's decision.
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The will was invalid as the reasons for disinheritance did not meet the legal threshold under customary law, and the respondent was not given an opportunity to defend herself; further, the will was not properly admitted as evidence in the Primary Court, rendering the appellant's appointment as administrator void.
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The trial court was within its statutory powers to appoint the second respondent, an interested party, as administratrix, even if she did not petition for appointment. However, the appointment of the village chairperson as co-administrator was improper as there was insufficient basis to conclude he was a necessary, impartial, and able party to unite the families. The appeal partly succeeds to the extent that the village chairperson's appointment is quashed, but the second respondent remains as sole administratrix.
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Petitioner fulfilled all statutory requirements, proved eligibility, and no objections were raised; court appointed her as administrator under section 33(1) and (4) of the Act.
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The High Court rejected a petition for letters of administration, upheld a caveat, and appointed the Administrator General to manage the disputed estate.
The court held that an earlier administrator had closed probate, but 25 acres of farm land remained unadministered. The petitioners were appointed to administer that remaining estate.
Petitioners fulfilled all statutory requirements, caveat was withdrawn, and both were approved by family; court grants letters of administration to both.
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