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Tanzania decisions
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The probate court failed to record the presence and statements of heirs and did not require concrete proof of incapacity of the executor named in the Will, resulting in procedural irregularity and miscarriage of justice. The District Court erred in holding it had no jurisdiction to revise the Primary Court’s decision.
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Grant of letters of administration revoked due to Respondents' misrepresentation of identity and violation of section 49(1)(a)(b)(c) of the Probate and Administration of Estates Act; Applicant not appointed as administrator or co-administrator as it would perpetuate the issues complained of.
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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.
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The deceased possessed sufficient mental capacity to execute the Will, which was properly attested by two witnesses and met all statutory requirements. Allegations of forgery, incapacity, and improper execution were unsubstantiated. The Will provided for all beneficiaries, including the caveator, through the son, and followed Sikh customs. The caveat lacked merit and was dismissed.
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The petitioner is entitled to probate as executor since the will is valid, the deceased was of sound mind, and no contrary evidence was established.
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Appellants failed to exhaust remedies at the primary court by not applying for revocation of the grant; initiation of superior proceedings was premature and improper.
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The application for review was dismissed because there was no error apparent on the face of the record; the applicant's counsel only submitted on one point, effectively abandoning the others, and the court's ruling accurately reflected the proceedings. The application was improperly filed by chamber summons and affidavit instead of memorandum of review and grounds of review as required by law.
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The Court of Appeal upheld probate of a second will, holding that the deceased had testamentary capacity, the will was properly executed, and fraud was not proved.
Grant of letters of administration was obtained by misrepresentation of the 1st Respondent's identity, rendering the grant invalid under section 49(1)(a)(b)(c) of the Probate and Administration of Estates Act; revocation is warranted.
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The High Court held that an invalid will could not govern estate administration and directed the clan council to administer the estate as if no will existed.
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