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Tanzania decisions
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The High Court dismissed an appeal challenging revision proceedings, holding that a misnomer was curable, the probate file was closed, and dowry refund was barred by statute.
Although the plaintiffs were correct to file a suit after closure of probate, the specific reliefs sought require the probate court's assessment and cannot be entertained by the High Court, which lacks jurisdiction over such matters.
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The High Court overruled a preliminary objection and held that the civil revision application was properly before it, allowing the matter to proceed on the merits.
The High Court struck out a probate civil appeal after finding a name discrepancy between the petition and the lower-court judgment that made the appeal incompetent.
The court held that only pure points of law, not matters of fact or evidence evaluation, qualify for certification. Upon review, three points of law were identified as warranting certification for determination by the Court of Appeal.
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Applicant failed to adduce sufficient reasons for extension of time; alleged illegality was not apparent on the face of the record and would require lengthy factual inquiry. Delay was inordinate and not credibly explained. Application lacked merit.
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The appellant proved on the balance of probabilities, through documentary evidence (Exhibit P2) and corroborating witness testimony, that the disputed land formed part of the estate of the late Leonard Twisa Mwakikosa. The respondent failed to provide documentary proof of a gift, and her evidence was inconsistent with the documentary record. The trial tribunal erred in its evaluation of the evidence and in considering extraneous matters. The appeal is allowed and the appellant is declared the rightful owner of the disputed land.
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The High Court at Moshi dismissed an application for temporary injunction in a probate dispute, finding no prima facie case, irreparable harm, or favorable balance of convenience.
The High Court granted an application to extend time to appeal, finding sufficient cause based on alleged illegality in the probate proceedings and excusable technical delay.
The decree in question is not executable as it merely appoints the respondent as executor and issues letters of probate, conferring no enforceable right or obligation that can be stayed. Therefore, the application for stay of execution is incompetent and must be struck out.
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