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Tanzania decisions
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Division and development of estate property prior to appointment of administrator was unlawful; only administrator has authority to distribute estate assets; exclusion of property from inventory was improper; appeal allowed and trial court's ruling quashed.
Source excerpt
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.
Source excerpt
The High Court allowed a probate appeal, setting aside lower-court orders appointing an administrator after finding an unjustified 30-year delay in seeking administration.
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