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Tanzania decisions
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The High Court dismissed a second probate appeal, holding that the administrator failed to perform her duties and that the lower court could order distribution of estate property.
There is no statutory time limit for petitioning for letters of administration in Primary Courts; errors in names do not affect the substance of the decision; clan meeting is not a mandatory prerequisite; appellant lacks standing as a remote relative and non-heir.
Source excerpt
Clan meeting is not a legal requirement for appointment of administrator; appellant has sufficient interest as son; lower courts erred in requiring clan meeting; petition for letters of administration must be heard on merit.
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Application for appointment as administrator was competent as Form No. 1 was filed; clan meeting is not a mandatory legal requirement; retrial order by first appellate court was erroneous and probate case should continue from where it ended before objection proceedings.
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The Will of the late John Peter Silveira was validly executed in accordance with the law, properly witnessed, and appoints Francisca Haruweru Silveira as executor. The requirement for clan meeting approval is not a legal prerequisite. Allegations of misappropriation and exclusion of heirs were not substantiated. Probate is granted to the petitioner as executor; the caveators' petition is dismissed.
Source excerpt
The High Court dismissed a probate appeal, holding that the appellant had not complied with the Primary Court’s order to hold a clan meeting before administrator appointment.
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