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Tanzania Case Law

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Land law LUBASHA GOYAYI MAGILIGINGA NEW

LUBASHA GOYAYI MAGILIGINGA NEW

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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Probate GUCHIBANDA WALWA

GUCHIBANDA WALWA

High Court dismissed an appeal seeking extension of time to challenge an administrator’s appointment, holding that ignorance of law and counsel’s error were not sufficient cause.

  • Extension of time
  • Administrator appointment
  • Sufficient cause
  • Illegality as ground for extension
  • Extension-of-time
  • Sufficient-cause
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Probate hamidu maftah hamis 17 others vs amin maftar hamis another 2023 tzhc 22855 17 november 2023

hamidu maftah hamis 17 others vs amin maftar hamis another 2023 tzhc 22855 17 november 2023

High Court probate appeal dismissed. The court upheld administration under Islamic principles and found no proof that the respondents misused estate property.

  • Intestate succession
  • Islamic inheritance law
  • Children born out of wedlock
  • Administrator appointment
  • Distribution of estate
  • Probate-appeal
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Probate julius albert mwase vs hamis omary mose 2022 tzhc 14308 25 october 2022

julius albert mwase vs hamis omary mose 2022 tzhc 14308 25 october 2022

High Court probate appeal holding that a primary court retained jurisdiction to entertain objections and vary administration orders after appointment.

  • Administrator appointment
  • Revocation of letters of administration
  • Functus officio
  • Jurisdiction of primary courts
  • Evaluation of evidence
  • Probate
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Probate and administration Moshi Fyifyitale

Moshi Fyifyitale

The district court erred in determining ownership of the disputed house and granting relief not specifically pleaded, as it lacked jurisdiction to do so in a probate appeal. Such disputes must be resolved by a competent land court or tribunal. The appointment of the administrator was proper.

  • Jurisdiction of probate courts
  • Relief not specifically pleaded
  • Ownership disputes in probate
  • Administrator appointment
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Probate mwile mugisha mgallah administrator of the estate of the late daniel g mgallah vs bertha j wandi another 2021 tzhc 9416 17 december 2021

mwile mugisha mgallah administrator of the estate of the late daniel g mgallah vs bertha j wandi another 2021 tzhc 9416 17 december 2021

Customary law provisions denying inheritance rights to women are unenforceable as they contravene constitutional principles of non-discrimination. The District Court correctly included the 1st respondent as a beneficiary, and there was no evidence of divorce. The Primary Court properly ascertained the applicable law.

  • Inheritance rights
  • Discrimination
  • Administrator appointment
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Probate alice kambona gilyoma and another vs japhet mbogo gilyoma 2021 tzhc 3891 30 june 2021

alice kambona gilyoma and another vs japhet mbogo gilyoma 2021 tzhc 3891 30 june 2021

The High Court dismissed an application to waive bond and sureties in a probate matter, finding no sufficient reasons or assurance of the administrator's suitability.

  • Waiver of bond and sureties
  • Administrator appointment
  • Probate
  • Estate-administration
  • Bond-and-sureties
  • Administrator-appointment
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Probate salum said mtiwe and another vs nurdin mohamed chingo 2020 tzhc 4737 8 december 2020

salum said mtiwe and another vs nurdin mohamed chingo 2020 tzhc 4737 8 december 2020

The High Court allowed a probate appeal, nullified the respondent’s administrator appointment, and held the appellants were lawful owners of the disputed house.

  • Administrator appointment
  • Inheritance rights
  • Application of islamic law
  • Validity of affidavit as will
  • Probate
  • Succession
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Succession CIVIL APPEAL NO

CIVIL APPEAL NO

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.

  • Revocation of grant
  • Will validity
  • Exhaustion of remedies
  • Administrator appointment
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Land law 20180730 TZHC Mbeya 1

20180730 TZHC Mbeya 1

The High Court allowed a land appeal, holding there was no proof the 1st respondent was an administrator and the sale was therefore void.

  • Capacity to sell estate property
  • Administrator appointment
  • Assessors' opinion
  • Nullity of sale agreement
  • Land-law
  • Succession-law
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