Tanzania Case Law

Civil Appeal 3910 of 2024 of Mwanahiba

Court

TANZLII

The appeal is dismissed as most grounds were not raised before the first appellate court and do not constitute pure points of law. The trial court's order referring distribution to BAKWATA was improper, and the duty to distribute the estate lies with the administratrix. The 1st respondent is ordered to properly file Forms No. V and VI within 45 days.

Source excerpt

• Revocation of letters of administration
• Distribution of deceased's estate
• Misappropriation of estate
• Application of islamic law
• Inventory filing requirements

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

Court

TZHC

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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20190628 TZHC Dar es Salaam1

Court

TZHC

The High Court partly allowed beneficiaries’ challenge to a final estate account, rejecting misappropriation claims but ordering an updated account within 14 days.

• Inspection of final account
• Revocation of final account
• Administrator duties
• Distribution of estate
• Application of islamic law
• Probate

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hamisi shekiondo vs rehema ally 2014 tzhc 2153 6 june 2014

Court

TZHC

The court held that both the Primary and District Courts erred by distributing the estate themselves, as this is the exclusive duty of the appointed administrators. The proceedings and judgments of both lower courts were declared a nullity and set aside.

Source excerpt

• Administration of estates
• Appointment of administrators
• Distribution of estate
• Application of islamic law
• Powers of court in probate matters

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20000726 TZHC Dar es Salaam

Court

TZHC

High Court appeal in a probate dispute held the appellant should be administrator and the deceased Muslim estate be distributed under Islamic law.

• Appointment of administrator
• Distribution of estate
• Validity of will
• Application of islamic law
• Probate
• Succession

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N

Court

TZCA

The appellant contributed to the acquisition of the matrimonial house through both domestic duties and direct participation in construction; under section 114 of the Law of Marriage Act and the precedent in BI HAWA MOHAMED v ALLY SEFU, such contributions entitle her to a share in the property. The High Court erred in applying Islamic law instead of the Law of Marriage Act, contrary to section 9(3A) of the Judicature and Application of Laws Ordinance.

Source excerpt

• Division of matrimonial assets
• Custody of child
• Application of islamic law
• Application of law of marriage act
• Assessment of witness credibility

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