Tanzania Case Law

rashid gama and another vs nyaso lugusha gama 2022 tzhc 15569 2 december 2022

Court

TZHC

The High Court allowed a probate appeal, holding the Primary Court lacked jurisdiction because the deceased was Christian, so statutory succession law applied.

• Jurisdiction of primary courts
• Applicable law in probate matters
• Christian succession law
• Customary law
• Quashing of lower court proceedings
• Probate-jurisdiction

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gibson kabumbire vs rose nestory kabumbire 2021 tzhc 6009 13 august 2021

Court

TZHC

There was no evidence that the deceased abandoned customary law; thus, the primary court had jurisdiction. However, as the will could not be traced in the record, the estate must be administered as if the deceased died intestate.

Source excerpt

• Jurisdiction of primary courts
• Applicable law in probate matters
• Validity of wills
• Administration of estates
• Customary law vs. christian law

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