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Tanzania decisions
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Appellant lacked locus standi as only an executor or administrator can sue over estate property; no evidence of customary tenure or family resolution conferring ownership.
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The High Court partly quashed a tribunal decision that declared the respondent owner of a disputed house, but upheld dismissal of the appellant’s claim.
The High Court quashed a theft conviction after finding a live land and probate dispute over ownership of the trees, and held the costs order was illegal.
The High Court allowed a land appeal, quashing rectification of the register for lack of proper hearing, improper influence, and probate-related jurisdictional issues.
The appellant failed to apply for renewal of the primary mining licence within the statutory period; the application made after expiry was invalid. The Mining Authority was not required to serve notice of default for an out-of-time application. The respondent's licence was properly granted as the land was open for new applications. The Commission properly evaluated the evidence and reached a correct decision.
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The District Land and Housing Tribunal lacked jurisdiction to entertain the dispute as the administration of the estate of the late Nikodemu Makomo was incomplete, and the appellant had no locus standi to claim the property. The matter should be determined by the probate court.
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The will was not admitted as evidence and was not an issue before the trial tribunal; the tribunal was not the proper forum to determine forgery of family meeting minutes; the administrator legally sold the property before revocation; claims should be directed against the administrator, not the respondent.
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Apparent irregularities and alleged illegality in the High Court ruling constitute sufficient cause for extension of time to file revision; the Court must afford opportunity to correct such illegality.
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The High Court refused leave to appeal, finding the applicant had not shown a general or novel question of law. It held a power of attorney did not replace formal probate authority.
The Probate and Administration of Estates Act [Cap 352] contains sufficient safeguards to protect heirs and beneficiaries. The challenged provisions do not violate Article 24(1) of the Constitution. The mere possibility of abuse does not render the statute unconstitutional. The petitioner's claim fails as the law provides adequate remedies and procedural protections.
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