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Tanzania Case Law

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Probate A judgment ULRICKY STAMBULI MOSHY

A judgment ULRICKY STAMBULI MOSHY

The District Court, acting within its appellate jurisdiction, properly nullified the trial court's proceedings and appointment of the appellant as administrator because the deceased's estate had already been distributed to heirs over four decades ago, leaving nothing to administer. The appellant lacked sufficient interest and impartiality, and the delay in seeking administration was unjustified. The absence of a clan meeting or exclusion of heirs did not invalidate the proceedings, and customary discrimination against female heirs is unconstitutional.

  • Revocation of administrator
  • Jurisdiction of appellate court
  • Distribution of estate
  • Delay in administration
  • Clan meeting in probate
  • Discrimination in inheritance
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Probate bernard serikali vs valerius thomas munegena 2022 tzhc 13469 5 october 2022

bernard serikali vs valerius thomas munegena 2022 tzhc 13469 5 october 2022

The respondent was properly appointed as administrator in accordance with the law, as there is no mandatory requirement for a clan meeting and the respondent complied with statutory procedures. No evidence was provided that more competent candidates applied, and objections to the respondent's capability were speculative. The lower courts' decisions were correct and are confirmed.

  • Appointment of administrator
  • Clan meeting in probate
  • Eligibility of administrator
  • Objection to appointment
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