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Tanzania Case Law

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Probate SOPHIA SADALLAH NDOSSY OCR

SOPHIA SADALLAH NDOSSY OCR

The deceased was a Muslim and died as such; his estate is to be administered in accordance with Islamic law. The Caveators, being children born out of wedlock, do not qualify as legal heirs under Islamic law. The Petitioners, having asserted their interest and been appointed by the clan, are qualified to be administrators. The High Court has jurisdiction over the matter.

  • Letters of administration
  • Islamic succession law
  • Jurisdiction of high court
  • Heir qualification
  • Co-administration
  • Hibbah (inter vivos gift)
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Probate haji shaban hoza vs halima bankobeza 2020 tzhc 4699 19 december 2020

haji shaban hoza vs halima bankobeza 2020 tzhc 4699 19 december 2020

The District Court had jurisdiction to appoint an additional administrator on appeal, and the evidence justified the appointment of both appellant and respondent as co-administrators. The will produced was doubtful and did not meet legal requirements for validity; thus, the administration should proceed as ordered by the District Court.

  • Appointment of administrator
  • Validity of will
  • Islamic succession law
  • Jurisdiction of appellate courts
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Probate abdul aziz hussein ntumiligwa vs yunus hussein ntumiligwa 2020 tzhc 317 30 march 2020

abdul aziz hussein ntumiligwa vs yunus hussein ntumiligwa 2020 tzhc 317 30 march 2020

There is no legal requirement for a clan meeting before appointment of an administrator in Primary Court probate matters; the Primary Court properly exercised its jurisdiction in appointing the appellant, especially given family divisions and the deceased's expressed wishes; the District Court erred in nullifying the appointment based on good practice rather than law.

  • Appointment of administrator
  • Clan meeting practice
  • Islamic succession law
  • Jurisdiction of primary court
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