Tanzania Case Law

osiday laizer vs charles eliapenda mollel another 2023 tzhc 23730 28 december 2023

Court

TZHC

The appellant failed to file the inventory and accounts within the statutory period and did not obtain a valid extension; thus, revocation of letters of administration was justified. Respondents lacked locus standi as they were not close relatives or beneficiaries. For proper administration, a neutral public officer should be appointed as administrator.

Source excerpt

• Revocation of letters of administration
• Locus standi in probate matters
• Appointment of administrator
• Extension of time for filing inventory

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monica nyamakare jigamba vs mugeta bwire bhakome another 2020 tzca 1820 16 october 2020

Court

TZCA

The High Court erred by stepping into the shoes of the administrator, determining beneficiaries, and distributing the estate, which is outside its jurisdiction. Further, the applicant, a necessary party, was not heard, rendering the proceedings fatally defective. The orders were made without proper joinder and hearing of all interested parties, violating principles of natural justice and probate procedure.

Source excerpt

• Right to be heard
• Powers of probate court
• Joinder of parties
• Locus standi in probate matters

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20100712 TZHC Dar es Salaam

Court

TZHC

The High Court of Tanzania overruled preliminary objections in a probate cause, holding that the petitioner had locus standi and the petition was competent.

• Locus standi in probate matters
• Validity of petition for letters of administration
• Power of attorney in estate administration
• Probate
• Succession
• Locus-standi

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