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Tanzania decisions
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The High Court held that the District Court lacked jurisdiction over the estate of a deceased Muslim and quashed the probate proceedings and grant of letters of administration.
The High Court granted limited letters of administration for collection and preservation of an estate, but refused prayers to transfer shares and assume company management powers.
The appeal was dismissed because the appellant failed to provide sufficient justification for the 30-year delay in seeking letters of administration, and the court found that entertaining such delayed probate proceedings would disrupt settled family arrangements and public order.
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The trial court was within its statutory powers to appoint the second respondent, an interested party, as administratrix, even if she did not petition for appointment. However, the appointment of the village chairperson as co-administrator was improper as there was insufficient basis to conclude he was a necessary, impartial, and able party to unite the families. The appeal partly succeeds to the extent that the village chairperson's appointment is quashed, but the second respondent remains as sole administratrix.
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The High Court rejected a petition for letters of administration, upheld a caveat, and appointed the Administrator General to manage the disputed estate.
Petitioners fulfilled all statutory requirements, caveat was withdrawn, and both were approved by family; court grants letters of administration to both.
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Petitioners met all legal requirements for grant of letters of administration; caveat was withdrawn and joint appointment approved by family.
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The petitioner is entitled to letters of administration as citation was properly published, no caveat was filed, and the petitioner was duly appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya.
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The appellant failed to prove, on a balance of probabilities, that the disputed farm formed part of the deceased's estate. The documentary evidence was insufficient and inconclusive, and the will's validity was undermined by the deceased's incapacity at the time of its making. The concurrent findings of the lower courts were not shown to be perverse or based on misdirection.
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The High Court held that the objector’s challenge to the estate inventory was procedurally improper because it lacked a chamber summons. Filed affidavits were expunged.
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