Petitioners fulfilled all statutory requirements, caveat was withdrawn, and both were approved by family; court grants letters of administration to both.
The High Court dismissed an appeal challenging the rejection of an additional administratrix appointment, holding that an earlier High Court order barred further appointments.
Civil procedurerashid salum mgwale suing as personal representative of the estate of late salim akilindogo mgwale vs neema hassan mgwale two others 2024 tzhc 253 9 february 2024
The High Court held Masanze Primary Court lacked jurisdiction to appoint the plaintiff as administrator, because the deceased’s fixed abode was within Ruaha KII Primary Court’s area.
Second appeal in an estate administration dispute. The High Court upheld jurisdiction, found no proof of a Christian marriage or life, and dismissed the appeal.
The Probate Court's appointment of the respondents as administrators is upheld as the appellant's grounds regarding death certificates and divorce were unmeritorious, and the issue of the appellant's marriage to the deceased was not determined by the lower courts and is beyond the jurisdiction of the second appellate court. The matter is remitted to the Probate Court to determine whether the appellant was married to the deceased at the time of her death.
Successionin the matter of application for the grant of letters of administration bysarah joackim minde andlucy tracy joackim minde 2021 tzhc 5455 30 july 2021
The High Court erred in invalidating the will based on attestation by a non-relative, inclusion of matrimonial property, and alleged unsound mind, as these grounds were not supported by evidence or law. The will was properly attested, and there was no proof of improper execution or incapacity. The High Court also erred in appointing joint administrators after invalidating the will. The will is valid and probate should be granted to the appellant.
The administrators, Megamba Makongoro and Adam Makongoro, were improperly appointed through fabricated minutes and failed to comply with mandatory procedural requirements, including timely filing of inventory and accounts. Their lack of faithfulness and misappropriation of estate assets disqualified them from administration. The primary court's appointment and subsequent proceedings were fundamentally flawed, warranting revocation and criminal investigation.
High Court appeal on probate: the court held the alleged will was not properly tendered or admitted, sustained co-administrators, and dismissed the appeal.