The High Court in Arusha granted the probate petition, appointing Invocavit Elinami Temu as administrator of the estate after finding statutory compliance and no caveat.
Probate and administration courts lack jurisdiction to determine contractual disputes; objections to inclusion of property in estate must be raised before grant of letters of administration. Proceedings in both trial and appellate courts were a nullity for exceeding jurisdiction.
The High Court nullified District Court appeal proceedings for failure to join a necessary party, set aside the judgment, and left the Primary Court decision in force.
Proceeding with the appeal while a related matter is pending before Tabora High Court constitutes an abuse of judicial process and risks conflicting decisions; therefore, the appeal is dismissed and the first appellate court's decision is upheld.
The death of the sole executrix rendered the previous grant inoperative, necessitating revocation and the appointment of a new administratrix to ensure proper administration of the estate.
The trial court was within its statutory powers to appoint the second respondent, an interested party, as administratrix, even if she did not petition for appointment. However, the appointment of the village chairperson as co-administrator was improper as there was insufficient basis to conclude he was a necessary, impartial, and able party to unite the families. The appeal partly succeeds to the extent that the village chairperson's appointment is quashed, but the second respondent remains as sole administratrix.
Petitioner fulfilled all statutory requirements, proved eligibility, and no objections were raised; court appointed her as administrator under section 33(1) and (4) of the Act.
The appellant's appointment as administrator was proper as it concerned a distinct estate, but the primary court lacked jurisdiction to determine ownership of the disputed plot in probate proceedings.
The court held that an earlier administrator had closed probate, but 25 acres of farm land remained unadministered. The petitioners were appointed to administer that remaining estate.
The appellant is not a blood relative of the deceased and thus lacks standing to object to the appointment; the respondent, as great grandson, was properly appointed by the clan; there is no legal bar due to lapse of time as a statement of delay was filed and accepted; and the existence of property for administration cannot be pre-judged.