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Tanzania Case Law

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Probate and administration final judgment WAIDA ABDALAH

final judgment WAIDA ABDALAH

Court
TANZLII

The appellant failed to prove fraud or forgery, did not provide evidence that the respondent's appointment or the sale of the estate property was unlawful, and did not establish that the proceedings were time-barred or that the respondent was unqualified. The trial court confined itself to the pleadings and applicable law. The appeal lacked merit and was dismissed.

Source excerpt

  • Revocation of grant
  • Fraud allegations
  • Limitation period
  • Administrator's powers
  • Disposition of estate property
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Land law 9

9

Court
TANZLII

The respondents provided heavier and more credible evidence that the land in dispute was distributed to them by the deceased during his lifetime, and they have possessed and used the land for over 20 years. The doctrine of adverse possession applies. The appellant failed to prove his case on the balance of probability. The certificate of occupancy in the appellant's name was improperly obtained as the land was not his personal property but part of the deceased's estate.

Source excerpt

  • Adverse possession
  • Ownership of land
  • Administrator's powers
  • Burden of proof
  • Hearsay evidence
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Probate oc OMMY J

oc OMMY J

Court
TANZLII

Division and development of estate property prior to appointment of administrator was unlawful; only administrator has authority to distribute estate assets; exclusion of property from inventory was improper; appeal allowed and trial court's ruling quashed.

Source excerpt

  • Administrator's powers
  • Intermeddling with estate
  • Division of estate property
  • Delay in administration
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Land law Land Appeal No

Land Appeal No

Court
TANZLII

The Second Respondent did not have legal authority to sell the suit land to the First Respondent at the time of sale, as he was not yet appointed administrator of the estate and failed to prove sole ownership; the Tribunal erred in disregarding the principle of nemo dat quod non habet, failed to properly evaluate evidence and pleadings, and should have given effect to the refund agreement (exhibit D3).

Source excerpt

  • Ownership of land
  • Sale of land
  • Pleadings
  • Burden of proof
  • Administrator's powers
  • Refund of purchase price
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Land law kaundimeyussuf amani vs 8 others vs ramadhan mkuu shebe as administrator of the estate of the late hanuni jamal 2 others 2023 tzhclandd 17048 23 october 2023

kaundimeyussuf amani vs 8 others vs ramadhan mkuu shebe as administrator of the estate of the late hanuni jamal 2 others 2023 tzhclandd 17048 23 october 2023

Court
TANZLII

The High Court of Tanzania held that the plaintiffs failed to prove forgery or lack of authority, and dismissed their land claim with costs.

  • Sale of inherited property
  • Administrator's powers
  • Caveat effect
  • Forgery allegations
  • Beneficiaries' consent
  • Land-law
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Civil procedure melchiad peter kimaro another vs riziki samuel 2023 tzca 17691 3 october 2023

melchiad peter kimaro another vs riziki samuel 2023 tzca 17691 3 october 2023

Court
TZCA

The Court of Appeal granted a 30-day extension of time to file an appeal, finding an arguable illegality but not accepting advocate sickness as the sole reason for delay.

  • Extension of time
  • Illegality as ground for extension
  • Sickness of advocate
  • Title to property
  • Administrator's powers
  • Extension-of-time
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Land law ziada thabiti hussein as administratrix of the estate of thabiti hussein chanza vs kessy jafary nguge 2 others 2023 tzhclandd 16934 14 september 2023

ziada thabiti hussein as administratrix of the estate of thabiti hussein chanza vs kessy jafary nguge 2 others 2023 tzhclandd 16934 14 september 2023

Court
TANZLII

The High Court allowed a land appeal, holding that a residential license had expired and did not prove the 2nd respondent’s personal ownership.

  • Ownership of property
  • Administrator's powers
  • Validity of sale
  • Residential license
  • Probate proceedings
  • Land-law
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Land law hussein twalib said administrator of the estate of the late abdallah said livenga vs awesa adamu 2023 tzhc 19249 27 july 2023

hussein twalib said administrator of the estate of the late abdallah said livenga vs awesa adamu 2023 tzhc 19249 27 july 2023

Court
TZHC

The High Court dismissed a land appeal over a farm and house, holding the tribunal properly evaluated the evidence and the appellant failed to prove estate ownership.

  • Ownership of land
  • Admissibility of evidence
  • Administrator's powers
  • Customary law
  • Burden of proof
  • Land-appeal
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Land law eglibert baltazar mkasange mgeni vs abudius malekela 2023 tzhc 17963 15 june 2023

eglibert baltazar mkasange mgeni vs abudius malekela 2023 tzhc 17963 15 june 2023

Court
TZHC

The High Court upheld dismissal of a land appeal, finding the respondent’s long, uninterrupted occupation supported adverse possession and that minor evidential contradictions were immaterial.

  • Adverse possession
  • Matrimonial property
  • Administrator's powers
  • Limitation of actions
  • Contradictory evidence
  • Adverse-possession
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.