Tanzania Case Law

HADIJA JOSEPH TUNGE

Court

TANZLII

The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.

Source excerpt

• Res judicata
• Jurisdiction of primary courts
• Customary law vs statutory law
• Recognition of marriage
• Administration of estates

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Magese Mange

Court

TANZLII

The High Court dismissed a land appeal over a disputed 3-acre parcel, holding the appellant had not proved lawful allocation and that clan leaders lacked authority to distribute estate land.

• Ownership of land
• Burden of proof
• Administration of estates
• Locus standi
• Limitation of actions
• Land-law

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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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SAFARI AMSI 01

Court

TANZLII

The High Court allowed a land appeal, finding the disputed 4.75 acres formed part of the late Amsi Boo’s estate and reversing the tribunal’s dismissal.

• Administration of estates
• Land redistribution
• Procedural irregularities
• Burden of proof
• Land-law
• Succession-law

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KELVIN MONGA SCANNED

Court

TANZLII

Appellant lacked locus standi as only an executor or administrator can sue over estate property; no evidence of customary tenure or family resolution conferring ownership.

Source excerpt

• Locus standi
• Inheritance
• Administration of estates

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Kapolo Judgment

Court

TANZLII

The High Court dismissed a land appeal after finding the appellant lacked locus standi because he was not an appointed administrator of his late father's estate.

• Locus standi
• Administration of estates
• Jurisdiction
• Nullity of proceedings
• Locus-standi
• Administration-of-estates

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ABDUL RAJABU SCANNED

Court

TANZLII

The High Court upheld the striking out of a land application for lack of locus standi, but set aside orders that had gone on to determine ownership and validity of sale.

• Locus standi
• Jurisdiction
• Administration of estates
• Power of attorney
• Nullity of proceedings
• Locus-standi

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KILINDO JUDGMENT

Court

TANZLII

The appeal was dismissed because it challenged an interlocutory order, which is not appealable under section 74(2) of the Civil Procedure Code. Additionally, the application for security for costs was misplaced as it arose from probate proceedings, where costs are recoverable from the estate and not from administrators personally.

Source excerpt

• Appealability of interlocutory orders
• Security for costs
• Burden of proof
• Administration of estates

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Tanzlii Itael Kweka Ruling

Court

TANZLII

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

• Default judgment
• Locus standi
• Administration of estates
• Revocation of appointment

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MPUNI SAFII

Court

TANZLII

The High Court allowed a land appeal, holding that execution of the tribunal decree was irregular and that the tribunal should appoint a new court broker.

• Execution of decrees
• Judicial review
• Court orders
• Administration of estates
• Land-law
• Execution-of-decrees

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