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Tanzania decisions
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The appeal is allowed because the respondent's claim to be recognized as the deceased's wife and heir was raised prematurely and without sufficient evidence in the proper procedural context. The trial court's decision was quashed as the application was not properly supported by affidavit evidence and bypassed required probate procedures.
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The Court of Appeal granted extension of time to apply for leave to appeal, finding the applicant had accounted for each day of delay and acted diligently.
The High Court lifted prohibitory orders on attached property after finding the decree had been issued against a deceased person and was unexecutable.
Applicant was not a party to the original dispute but retains right of revision and demonstrated good cause for stay; all legal prerequisites for stay were met, and balance of convenience favors granting stay to preserve subject matter pending appeal.
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The Respondent and the deceased cohabited for over 30 years, satisfying the statutory presumption of marriage; the Respondent is an interested person in the estate and was properly appointed as administrator; challenges to the status of heirs and the validity of minutes were either not substantiated or not relevant at this stage; the appeal lacks merit and is dismissed.
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The High Court dismissed an application to revoke letters of administration, but rejected accounts that distributed estate property to a non-listed heir.
The administratrices, being in a better position to know the heirs, and supported by family meeting minutes, are correct in excluding Nuru Sheni as an heir since she was divorced by the deceased about 20 years prior to his death. The objector failed to prove ownership of the Kipawa house, as her documents did not clearly establish title, and the true ownership remains unresolved.
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The High Court held that Ally Barnabas Zilinde proved he was the deceased’s son and ordered that he be listed among the heirs of the estate.
The administrator is legally required to file a new inventory and accounts for the unadministered assets due to procedural deficiencies in prior filings. Distribution must be limited to the heirs of the deceased's wife and children, with their shares handled in respective probate proceedings. Any further distribution to individuals not direct heirs is excluded. Amended accounts and a comprehensive valuation report must be submitted within 45 days, and distribution must follow government valuation.
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The High Court held that a power of attorney ended on the death of the principal, making the transfer of the Upanga house and its sale unlawful.
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