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Tanzania decisions
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The High Court allowed a land appeal, quashed the tribunal’s decision, and held that it had wrongly decided ownership issues not pleaded before it.
The High Court dismissed an appeal against refusal to extend time, holding that alleged illegalities did not excuse the appellants’ unexplained delay.
The District Court acted without jurisdiction by distributing the deceased's estate, a function reserved for the administrator/administratrix. Its proceedings and judgment are null and void.
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The High Court dismissed an application to revoke letters of administration, but rejected accounts that distributed estate property to a non-listed heir.
The issues in the impugned appeal and the previous appeal were different and not conclusively determined in the earlier proceedings; thus, res judicata did not apply. The trial court erred in awarding costs when the matter was raised suo motu.
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The appeal fails on all grounds except the fourth. The district court did not err in its findings regarding the ownership and administration of the estate of Abdallah Mfaume Sanze, nor in its treatment of the case as a revision. However, it was improper for the district court to make orders regarding the estate of Zainab Abdallah, which was not before it.
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The High Court dismissed an administratrix’s bid to compel rent payment and vacant possession from alleged occupants of estate property, holding probate was not the proper forum.
The appellant, although legally appointed as administratrix, lacked capacity to dispose of the deceased's registered property without first being registered as owner under section 67 of the Land Registration Act. The requirement is mandatory and not a mere procedural irregularity. Additionally, the appellant failed to prove sole ownership of the disputed house by the deceased.
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The High Court dismissed a probate appeal challenging the letting of a deceased’s house by an estate administrator, holding the administrator acted within legal powers.
The Primary Court lacked jurisdiction to distribute the deceased's estate before appointing a duly qualified administrator, and the appointment of the appellant as administrator was procedurally flawed as he was not present and did not properly apply. The District Court erred in upholding these irregularities. Only a properly appointed administrator may distribute the estate, and all prior decisions and orders are quashed.
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