Tanzania Case Law

15

Court

TANZLII

The sale of the disputed property occurred before any administrator was appointed; thus, the sellers were executors of their own wrong. However, the sale was agreed to by the majority of heirs, including the appellant, and the fourth respondent purchased in good faith. The appellant had locus standi as she attached letters of administration to her application. The fourth respondent is a bona fide purchaser for value, and the appeal lacks merit.

Source excerpt

• Bona fide purchaser
• Locus standi
• Administration of estates
• Sale of estate property
• Consent of heirs

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LUBASHA GOYAYI MAGILIGINGA NEW

Court

TANZLII

The High Court dismissed a land appeal, upholding a tribunal decision that confirmed an administrator’s sale of estate land to purchasers was lawful.

• Administrator appointment
• Sale of estate property
• Burden of proof
• Bonafide purchaser
• Revocation of administrator
• Land-appeal

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RAHEL PHILIPO NGHOLOPE V

Court

TANZLII

Appellant and her family willingly sold the house to respondent, received payment, and handed over documents; respondent is bonafide purchaser; procedural requirements for transfer do not invalidate sale; appeal lacks merit.

Source excerpt

• Capacity to sue
• Bonafide purchaser
• Sale of estate property
• Procedural compliance in land transfer

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JUDGMENT CIVIL APPEAL NO

Court

TANZLII

The appeal was dismissed because the grounds raised by the appellants were either not properly before the court, lacked merit, or had already been adequately addressed by the lower courts. The High Court found no misdirection or miscarriage of justice in the lower courts' decisions.

Source excerpt

• Revocation of administrator
• Validity of will
• Sale of estate property
• Appellate procedure

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rehema ahamad kaduduye vs adamu ally lwazilonda 2023 tzhc 23777 10 november 2023

Court

TZHC

Failure to hold a family meeting or to consult heirs before sale of estate property are not legal grounds for revocation of an administrator; there is no evidence the administrator refused to give the appellant her share.

Source excerpt

• Revocation of administrator
• Family meeting in probate
• Distribution of estate
• Sale of estate property

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said mpambije kamaga another vs nyamende swetu fundikira others 2023 tzca 17746 6 october 2023

Court

TZCA

There is no legal requirement for an administrator or administratrix to obtain consent of heirs before disposing of estate property; the sale of the suit house by the second appellant as administratrix was valid, and the trial court erred in holding otherwise and in ordering refund to the purchaser.

Source excerpt

• Administration of estates
• Sale of estate property
• Consent of heirs
• Revocation of letters of administration
• Bona fide purchaser

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paulina john supila suing as an administratrix of the estate of the late john amos supila vs simon yonathani mguhi 2023 tzhc 21668 4 october 2023

Court

TZHC

The will was not admitted as evidence and was not an issue before the trial tribunal; the tribunal was not the proper forum to determine forgery of family meeting minutes; the administrator legally sold the property before revocation; claims should be directed against the administrator, not the respondent.

Source excerpt

• Administration of estates
• Will validity
• Sale of estate property
• Appointment and revocation of administrator

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frola mkondya vs abedi amani mbelengo 2023 tzhc 18077 6 june 2023

Court

TZHC

The High Court allowed a land appeal, quashed the tribunal’s decision, and declared the appellant the rightful owner of the disputed 18-acre farm.

• Matrimonial property
• Letters of administration
• Sale of estate property
• Jurisdiction
• Probate and administration
• Land-law

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ahmed mohamed suud another vs mohamed suud others 2022 tzca 199 21 april 2022

Court

TZCA

The Court of Appeal struck out a revision application as out of time, holding that lodgment occurs only when the Registrar endorses the document and fees are paid.

• Revision applications
• Limitation period
• Lodgment of court documents
• Estate administration
• Sale of estate property
• Revision-applications

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athumani nassoro jakwenga vs renatus e ngabani 2 others 2022 tzhclandd 71 21 february 2022

Court

TANZLII

The vendor was not the administrator of the deceased's estate and had no legal authority to dispose of the suit land; respondents acquired defective title as no valid title could be passed; tribunal's decision was erroneous and is set aside.

Source excerpt

• Title to land
• Bonafide purchaser
• Administration of estates
• Sale of estate property
• Misjoinder of parties
• Admissibility of evidence

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