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Tanzania decisions
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The High Court granted an uncontested application to extend time for filing the inventory and accounts of an estate, finding sufficient cause under probate law.
The trial court erred by relying on a Will and other documents that were not properly tendered and admitted into evidence, thereby prejudicing the appellant's right to a fair hearing and violating procedural rules. The parties were not afforded the opportunity to test the validity of the purported Will, rendering the trial court's decision unsustainable.
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The absence of a clan meeting and the alleged forgery of minutes do not invalidate the grant of letters of administration, as such a meeting is not a legal requirement. The respondent, as the widow, had a legitimate interest and followed the required legal procedures. The appeal lacks merit and is dismissed.
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The Probate Court's appointment of the respondents as administrators is upheld as the appellant's grounds regarding death certificates and divorce were unmeritorious, and the issue of the appellant's marriage to the deceased was not determined by the lower courts and is beyond the jurisdiction of the second appellate court. The matter is remitted to the Probate Court to determine whether the appellant was married to the deceased at the time of her death.
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The absence of written consent from all heirs, as mandated by the Probate Rules, rendered the respondent's petition for letters of administration incomplete and incompetent, making the trial court's order granting letters of administration invalid.
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The High Court set aside probate-related judgments and ordered a retrial, holding that paternity in inheritance disputes is not proved only by DNA evidence.
The plaintiff failed to prove, on a balance of probabilities, that he was duly appointed as administrator of the estate of the late Limu Duhia, as the purported Letters of Administration were not genuine and the mandatory legal procedures for appointment were not followed. Consequently, the plaintiff lacked locus standi to bring the suit.
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The Respondent and the deceased cohabited for over 30 years, satisfying the statutory presumption of marriage; the Respondent is an interested person in the estate and was properly appointed as administrator; challenges to the status of heirs and the validity of minutes were either not substantiated or not relevant at this stage; the appeal lacks merit and is dismissed.
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High Court appeal over a disputed will and disinheritance dismissed. The court upheld the District Court, found the will valid, and affirmed the appellant had received her share.
The Court of Appeal held that claims to matrimonial property after a spouse's death must be brought in probate and administration proceedings, not a matrimonial cause.
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