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Tanzania decisions
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The High Court partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
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 set aside probate proceedings because the appellants were denied the chance to adduce evidence in a revocation application, making the closure a nullity.
The High Court granted limited letters of administration for collection and preservation of an estate, but refused prayers to transfer shares and assume company management powers.
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.
Although the plaintiffs were correct to file a suit after closure of probate, the specific reliefs sought require the probate court's assessment and cannot be entertained by the High Court, which lacks jurisdiction over such matters.
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The High Court nullified District Court appeal proceedings for failure to join a necessary party, set aside the judgment, and left the Primary Court decision in force.
The High Court at Bukoba granted a probate and administration petition, appointing the named petitioners as executors of the late Sr. Bertha Samwel Malala’s will.
The High Court dismissed an appeal against refusal to revoke an administrator’s appointment, finding no proven forgery or procedural defect.
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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