Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
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.
Source excerpt
The application is misconceived as the law does not permit revocation of probate or challenge to the validity of the Will after probate has been granted; the applicant failed to pursue the caveat procedure at the appropriate stage; the Will was accepted as valid by the court and executors were properly appointed.
Source excerpt
The court found that both the probate cause and the civil revision concern the same estate and involve parties with substantial interest in the outcome. The court held that the requirements for stay under section 8 of the Civil Procedure Code are met, and that the existence of a caveat does not preclude the stay application since the revision is before the Court of Appeal, which is not barred by section 59(1) of the Probate and Administration Act. Granting the stay is necessary to avoid conflicting decisions and is in the interest of justice.
Source excerpt
The caveat was premature as it challenged the list of properties rather than the eligibility of the petitioner for appointment. The law requires that property disputes be raised after the administrator is appointed and files an inventory. Therefore, the caveat was dismissed and the petitioner was granted letters of administration.
Source excerpt
The applicant's claims do not fall within the ambit of section 49(1)(b) of the Probate and Administration of Estate Act as the arguments relate to matters that should have been raised by caveat before the grant was made. The respondent's actions do not amount to fraudulent concealment as she was not aware of the applicant's status at the time of the petition. The application is thus without merit and is dismissed.
Source excerpt
The High Court held that a contentious probate matter after a caveat should continue in the same case file, with later proceedings conducted like a civil suit.
Non-compliance with mandatory citation and appearance procedures under section 59(2) and rule 82 of the Probate Rules invalidates the proceedings; the matter was prematurely referred to the High Court.
Source excerpt
The High Court struck out a probate-related matter for non-compliance with mandatory citation and appearance procedures under the Probate Act and Rules.
The caveator's affidavit was fatally defective for containing legal arguments, prayers, and failing to disclose the source of information, contravening mandatory provisions of the Civil Procedure Code and Probate Rules. Expunging the offending paragraphs rendered the caveator's appearance incompetent, and the caveat is deemed withdrawn by operation of law.
Source excerpt
The Court of Appeal quashed probate proceedings taken after a caveat was entered, holding that failure to issue citation under the Probate Rules rendered later steps a nullity.
Explore more
