Tanzania Case Law

NUSURA MUSTAPHA KOORUGENDO

Court

TANZLII

The respondent, as administratrix, acted against the interests of the beneficiaries by failing to consult them, distributing the estate unfairly, and including a non-heir as beneficiary. The Primary Court retained jurisdiction to revoke her appointment even after inventory filing. The District Court erred in setting aside the revocation and in failing to provide adequate directives. The appeal is allowed, the District Court's decision is set aside, and the Primary Court's revocation of the respondent is upheld.

Source excerpt

• Revocation of administrator
• Distribution of estate
• Jurisdiction of primary court
• Fiduciary duties of administrator

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yela makinda versus athumani ndibato 2024 tzhc 150 2 february 2024

Court

TZHC

The High Court granted leave to appeal, finding the applicant raised arguable points of law on jurisdiction, limitation, and time bar.

• Certificate on point of law
• Jurisdiction of primary court
• Limitation of actions
• Compensation for costs
• Certificate-on-point-of-law
• Leave-to-appeal

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dickson john elvan vs hadija ally 2024 tzhc 921 19 january 2024

Court

TZHC

The High Court dismissed a probate appeal, holding the primary court had jurisdiction because the deceased lived a customary life, and birth records proved parentage.

• Jurisdiction of primary court
• Mode of life test
• Parentage determination
• Admissibility of birth certificate
• Dna evidence in probate
• Probate

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PC CIVIL APPEAL NO 01 OF 2024

Court

TANZLII

Non-payment of stamp duty on the contract exhibit did not vitiate the proceedings as the proper remedy was to allow payment of duty; the relationship was contractual, not employment, so the primary court had jurisdiction; forgery was not proved due to lack of evidence; the award of general damages was excessive and reduced to TZS 3,000,000.

Source excerpt

• Stamp duty on contracts
• Admissibility of evidence
• Jurisdiction of primary court
• Breach of contract
• Assessment of damages
• Forgery allegations

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mariam juma kategile v gema nkana chifunda 2023 tzhc 17378 16 may 2023

Court

TZHC

Ussoke Primary Court had jurisdiction to entertain Probate Cause No. 3 of 2014, and the District Court erred in quashing the proceedings and setting aside orders after the probate cause was duly closed; revision powers were wrongly exercised.

Source excerpt

• Jurisdiction of primary court
• Closure of probate proceedings
• Revision powers of district court

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stella john gwassa vs edgar john gwassa another 2023 tzhc 15813 28 february 2023

Court

TZHC

Second appeal in an estate administration dispute. The High Court upheld jurisdiction, found no proof of a Christian marriage or life, and dismissed the appeal.

• Jurisdiction of primary court
• Administration of estate
• Christian vs customary law
• Appointment of administrators
• Estate-administration
• Jurisdiction

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MISC

Court

TANZLII

No real legal point exists for certification as issues raised are either matters of evidence or were handled according to law; consent judgment was properly entered and jurisdictional objections lack merit.

Source excerpt

• Certification of point of law
• Consent judgment
• Loan agreement
• Interest on loans
• Jurisdiction of primary court

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thomas godfrey mfyuji vs christopher t mfyuji 2022 tzhc 15050 12 december 2022

Court

TZHC

The High Court allowed a probate appeal, holding that the District Court could not decide jurisdiction on submissions alone where evidence was required on the deceased’s mode of life.

• Jurisdiction of primary court
• Admissibility of evidence
• Probate administration
• Revision proceedings
• Probate-appeal
• Jurisdiction

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daniel elisha okelo vs alice jihn edward others 2022 tzhc 13539 5 october 2022

Court

TZHC

High Court partly allowed a probate appeal, set aside appointment of the Administrator General, and remitted the file for appointment of a neutral administrator.

• Appointment of administrator
• Jurisdiction of primary court
• Revocation of administrator
• Customary law in probate
• Probate
• Succession

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daati sima another vs erro sima 2022 tzhc 12259 31 august 2022

Court

TZHC

The High Court dismissed a second appeal over administration of an estate, holding that customary law applied because the deceased continued a customary way of life.

• Jurisdiction of primary court
• Applicable law to administration of estate
• Appointment of administrator
• Customary vs. christian law in succession
• Probate-and-administration
• Customary-law

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