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Tanzania decisions
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The High Court partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
The High Court at Kigoma struck out a land suit after finding a defective verification clause and improper joinder of the Commissioner for Lands.
High Court land appeal dismissed. The court held the appellant failed to prove a gift of land, upheld the tribunal’s use of one assessor, and found no need for locus in quo.
The High Court upheld the striking out of a land application for lack of locus standi, but set aside orders that had gone on to determine ownership and validity of sale.
The appellant's claim was legally unmaintainable as the sale agreement showed the land was purchased by minors, and there was no valid evidence the appellant signed or purchased on their behalf. The Tribunal was correct in its finding that the appellant lacked capacity to sue for the land in his own name.
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The appeal was allowed because the evidence presented by the 1st respondent was hearsay and inadmissible, as his agent could not testify on his behalf. The trial tribunal's decision was reversed since the appellant's claim stood uncontested by direct evidence, and the sale of land by the 2nd respondent to the appellant was upheld as lawful.
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The respondent lacked locus standi as the application was prosecuted by a person not properly appointed via power of attorney, and the power of attorney was not tendered and admitted as evidence; this defect rendered the application incompetent and disposed of the appeal without need to address other grounds.
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Heirs who were not parties to the original probate proceedings have no right of appeal; their only remedy is to seek revision. The appellant, acting under their power of attorney, was entitled to file for revision, and the district court erred in striking out the application on the basis that an appeal should have been filed.
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The Court of Appeal struck out a civil appeal after finding the High Court proceedings were a nullity because the power of attorney was invalid and overbroad.
The High Court dismissed a land appeal, holding that the appellants failed to prove lawful authority to sell the disputed land or pass good title.
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