Tanzania Case Law

15

Court

TANZLII

The sale of the disputed property occurred before any administrator was appointed; thus, the sellers were executors of their own wrong. However, the sale was agreed to by the majority of heirs, including the appellant, and the fourth respondent purchased in good faith. The appellant had locus standi as she attached letters of administration to her application. The fourth respondent is a bona fide purchaser for value, and the appeal lacks merit.

Source excerpt

• Bona fide purchaser
• Locus standi
• Administration of estates
• Sale of estate property
• Consent of heirs

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MISC

Court

TANZLII

The respondent intentionally failed to obtain the applicant's mandatory consent, concealed material facts, and misled the court regarding the applicant's whereabouts, rendering the petition for letters of administration incompetent and constituting valid grounds for revocation.

Source excerpt

• Revocation of letters of administration
• Fraudulent procurement
• Consent of heirs
• Fiduciary duty

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evelyne lucas mushi vs john chiwanda matwanga 2 others 2024 tzhc 339 16 february 2024

Court

TZHC

The High Court allowed an appeal in a probate matter, holding that letters of administration were defective because the widow’s consent was not obtained.

• Revocation of letters of administration
• Consent of heirs
• Defective grant proceedings
• Probate
• Succession
• Revocation-of-letters-of-administration

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Adam Nelson Myungile and Two Others vs Zainabu Nelson Myungile Civil Appeal No 7337 of 2024

Court

TANZLII

The appellants failed to prove that the properties listed by the respondent were jointly owned by their mother and the deceased. The law requires consent only from legal heirs, and the 2nd and 3rd appellants, not being children of the deceased, were not entitled to give consent. Distribution of matrimonial property cannot be raised in probate proceedings as the law governing probate provides for the shares of all beneficiaries. All grounds of appeal lack merit and are dismissed.

Source excerpt

• Revocation of letters of administration
• Matrimonial property in probate
• Consent of heirs
• Distribution of estate

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e ibrahim misoji ntembanda and in the matter of the application for the letters of administration by happy ibrahim ntembanda and in the matter of application for revoc

Court

TZHC

The respondent's failure to obtain written consent from all beneficiaries, despite knowing their whereabouts, constituted a contravention of Rule 71(1) and Rule 72(1) of the Probate Rules, which is a valid ground for revocation under section 49(1)(c) of the Probate and Administration of Estates Act. The absence of family meeting minutes and premature allegations of self-benefitting did not warrant revocation. The court revoked the grant and appointed the Administrator General due to familial conflict and to ensure equitable distribution.

Source excerpt

• Revocation of letters of administration
• Consent of heirs
• Appointment of administrator
• Family meetings in probate
• Administrator general appointment

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CIVIL APPEAL NO

Court

TANZLII

Procedural irregularities in inventory and accounts, and alleged mismanagement, were not substantiated at the appropriate procedural stage and do not meet the threshold for revocation under section 49(1) of the Probate and Administration of Estates Act. Lack of consent or affidavit in lieu does not invalidate proceedings absent evidence of respondent's fault. No merit found in any grounds of appeal.

Source excerpt

• Revocation of letters of administration
• Inventory and accounts
• Consent of heirs
• Mismanagement of estate

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gabriela chagula nkya vs sophia rogasian tairo 2023 tzhc 23464 21 december 2023

Court

TZHC

The High Court dismissed an appeal over probate administration, upholding the widow’s appointment as sole administratrix and rejecting a caveat by the deceased’s sister.

• Letters of administration
• Appointment of administrator
• Caveat in probate
• Consent of heirs
• Eligibility of administrator
• Probate

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CHRISPIN JOHN BAHEMU 2

Court

TANZLII

Petitioner is a fit person for appointment as administrator due to trustworthiness, consent of heirs, and absence of caveat.

Source excerpt

• Appointment of administrator
• Letters of administration
• Consent of heirs
• Non-contentious probate

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said mpambije kamaga another vs nyamende swetu fundikira others 2023 tzca 17746 6 october 2023

Court

TZCA

There is no legal requirement for an administrator or administratrix to obtain consent of heirs before disposing of estate property; the sale of the suit house by the second appellant as administratrix was valid, and the trial court erred in holding otherwise and in ordering refund to the purchaser.

Source excerpt

• Administration of estates
• Sale of estate property
• Consent of heirs
• Revocation of letters of administration
• Bona fide purchaser

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giliad shija mihambo vs flora mtui and three others 2023 tzhc 18403 17 may 2023

Court

TZHC

High Court probate appeal on appointment of an administrator, consent of heirs, and a defective affidavit. The court set aside the trial decision and appointed the appellant.

• Appointment of administrator
• Estate ownership
• Consent of heirs
• Admissibility of evidence
• Probate-administration
• Administrator-appointment

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