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Tanzania decisions
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The High Court at Arusha recorded a consent judgment settling a land dispute over Plot No. 1 Block N, Sokoine Road, and divided the property as agreed.
The Will is invalid as it was not properly witnessed in accordance with statutory requirements; attesting advocates did not testify; custody and execution of the Will were irregular; no proof of forgery but procedural and substantive defects render the Will unenforceable. The petition is struck out and a new petition may be filed for intestate administration.
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The appellant cannot be registered as owner of the suit property because it is not listed as belonging to the deceased; the property is lawfully registered to Hanna Kasambala and her children, and the Registrar acted correctly in refusing registration.
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The Court of Appeal struck out a revision application because the applicant claimed to act as administrator of an estate but produced no letters of administration.
The deceased possessed sufficient mental capacity to execute the Will, which was properly attested by two witnesses and met all statutory requirements. Allegations of forgery, incapacity, and improper execution were unsubstantiated. The Will provided for all beneficiaries, including the caveator, through the son, and followed Sikh customs. The caveat lacked merit and was dismissed.
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The trial tribunal lacked jurisdiction to entertain the application, as the dispute was fundamentally about probate and administration, not land ownership. Proceedings and judgment are quashed, decree set aside.
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The High Court granted letters of administration to the deceased’s wife after caveators withdrew their objection, subject to agreed estate conditions and DNA testing.
Petitioners are eligible for grant of letters of administration as sons of the deceased, no caveat or objection filed, and consent of other heirs obtained.
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Court of Appeal quashed High Court revision orders over disputed estate property, holding the probate court retained jurisdiction over the deceased’s estate.
The High Court upheld the tribunal’s dismissal of a land ownership claim, finding the appellant failed to prove title and that a cross-examination irregularity caused no failure of justice.
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