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Tanzania decisions
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The applicant satisfied all three conditions for a temporary injunction: there is a serious question to be tried regarding the inclusion of estate assets, there is a risk of irreparable harm to the applicant if the property is disposed of before the probate cause is determined, and the balance of convenience favors the applicant as a beneficiary.
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The respondent fraudulently omitted lawful heirs and exhibited untrue accounts, breaching fiduciary duty and justifying revocation of letters of administration under sections 49(1)(b) and (e) and 49(2) of the Probate and Administration of Estate Act.
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The High Court declined to revoke an estate administrator’s appointment, finding the applicant had not shown sufficient grounds, but ordered notice of accounts to heirs before closure.
High Court Land Division dismissed an appeal over vacant possession of estate property, holding a co-administrator’s consent was not required and the appellant proved no legal interest.
The High Court reduced rental arrears, held the appellant lacked capacity to contract over the estate, and confirmed the appellant’s beneficiary status.
High Court appeal over revocation of an administratrix appointment and estate administration was dismissed. The court held no statutory ground for revocation was proven.
Properties acquired by the deceased, regardless of whether acquired before or after the second administratrix's marriage, and not registered in the name of the first wife, form part of the deceased's estate and are subject to distribution among all heirs. Properties registered solely in the second administratrix's name before the deceased's death do not form part of the estate. Administratrices must file a proper inventory and account for all estate assets and income as per statutory duties.
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The High Court struck out a land objection application as incompetent because it did not challenge whether the property was liable to attachment in execution.
The High Court held that AMREF retained title to Plot No. 412 Block C, Manzese, and declared the defendants’ sale null and void.
Failure to file inventory for nine years and misappropriation of estate assets disqualifies respondent from continuing as administrator; revocation of grant is justified.
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