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Tanzania decisions
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The District Court lacked jurisdiction to proceed with the probate matter after the caveat was entered and the estate value exceeded fifteen thousand shillings; all proceedings and orders from that point were null and must be quashed.
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Where a party has a right of appeal and the complaints raised are appealable, the party must pursue an appeal and cannot invoke the revisional jurisdiction of the High Court as an alternative; the application for revision is therefore misconceived and must be dismissed.
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The High Court dismissed an application to extend time to appeal a consent judgment, finding no sufficient cause for delay and no illegality in the district court’s lease-related jurisdiction.
The District Court erred by conducting two separate proceedings and by applying the procedure for unadministered assets without evidence that the late administrator had discharged his duties. The correct procedure was to continue the hearing from the stage where the caveator entered appearance, allowing for a counter affidavit and framing of issues. The District Court's decision was set aside and the matter remanded for proper hearing.
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The District Court lacked jurisdiction to entertain and determine the revision as it was filed out of time, and had no power to revoke the appointment of the appellant as administratix after the probate proceedings had been closed; thus, the proceedings and orders of the District Court were quashed and set aside.
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The High Court extended time to appeal a district court order revoking letters of administration, finding arguable issues on jurisdiction and audi alteram partem.
The High Court set aside a district court order appointing the respondent as co-administrator of a deceased estate, finding it had been made without formal application.
The High Court dismissed an appeal, holding the District Court was right to refuse to relitigate matters already decided in an earlier High Court appeal.
The High Court upheld a District Court revision concerning a deceased estate, confirming revocation of letters of administration and exclusion of two properties from the estate.
Once the District Court determined it had no jurisdiction over the appeal from the Primary Court's land decision, it became functus officio and could not grant extension of time or entertain a second appeal on the same matter. The proper remedy was to challenge the jurisdictional ruling by appeal or revision, not by re-instituting the appeal.
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