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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.
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 dismissed a land appeal over a disputed 3-acre parcel, holding the appellant had not proved lawful allocation and that clan leaders lacked authority to distribute estate land.
The sale of the disputed property occurred before any administrator was appointed; thus, the sellers were executors of their own wrong. However, the sale was agreed to by the majority of heirs, including the appellant, and the fourth respondent purchased in good faith. The appellant had locus standi as she attached letters of administration to her application. The fourth respondent is a bona fide purchaser for value, and the appeal lacks merit.
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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 upheld a land tribunal ruling that the disputed house formed part of the late Amin Muhitu Kangamoto’s estate and dismissed the appeal.
The High Court allowed a land appeal, finding the disputed 4.75 acres formed part of the late Amsi Boo’s estate and reversing the tribunal’s dismissal.
The appeal was dismissed because the appellant failed to provide sufficient justification for the 30-year delay in seeking letters of administration, and the court found that entertaining such delayed probate proceedings would disrupt settled family arrangements and public order.
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All complaints raised are res judicata, having been previously determined on merit in earlier proceedings involving the same parties and issues; court is functus officio and cannot reopen the matter.
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The High Court revoked a probate grant after finding the will excluded some children of the deceased without justification and was discriminatory.
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