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Tanzania decisions
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Plaintiffs lack legal capacity to proceed after revocation as administrators; only the duly appointed administrator may move the court. Default judgment cannot be entered automatically without proper application and locus standi.
Source excerpt
The appellant was not a person interested in the deceased's estate as required by Paragraph 2(a) of the Fifth Schedule to the Magistrates' Courts Act. The High Court correctly revoked his appointment, having properly considered both the statutory requirement of beneficial interest and the alleged wishes of the deceased, which were not proven. The sole ground of appeal lacked merit.
Source excerpt
High Court nullified probate objection proceedings and a district court decision after finding the trial court misapplied revocation rules and used improper procedure.
The High Court revoked a respondent’s appointment as administrator of a deceased’s estate after finding that a primary court could not appoint an administrator for only part of the estate.
Appellant is not a relative or beneficiary and lacks legal interest in the estate; appointment of a stranger is a miscarriage of justice when close relatives are alive.
Source excerpt
The High Court dismissed an appeal over the administration of clan property, holding that the disputed clan-membership point was not an issue in the appeal.
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