Tanzania Case Law

frida agapiti kessy another vs emmanuel cosmsa kessy 2023 tzhc 22593 7 november 2023

Court

TZHC

The Plaintiffs were found to be fit and proper persons to be appointed as administrators of the estate, having been approved by a family meeting and trusted by family members. The Defendant's objections were unsupported by evidence, and his conduct suggested personal interest over the collective benefit of beneficiaries. The court exercised its discretion under the law to appoint the Plaintiffs and dismiss the caveat.

Source excerpt

• Letters of administration
• Appointment of administrator
• Caveat proceedings
• Fitness of administrator

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atter of application for grant of letters of administration by natha chana modhwasia and in the matter of caveat raised by jashu jeta admnistratix of the estate of jet

Court

TZHC

The plaintiff is a fit person to be appointed administrator of the estate of the late Chana Uka Modhwadia, as he has interest in the estate, was approved by other beneficiaries, and no sufficient evidence was provided to prove untrustworthiness or forgery. The exclusion of Jeta from the list of beneficiaries was justified by procedural requirements, and Jeta's rights as a beneficiary are preserved through his administrator. The appointment of a co-administrator is not warranted as it would likely cause further conflict and delay.

Source excerpt

• Grant of letters of administration
• Administrator fitness
• Estate property identification
• Caveat proceedings

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PROBATE CAUSE 103 OF 2022 Kinyaha

Court

TANZLII

The will was not formally tendered and admitted as an exhibit; therefore, the court could not determine its validity or grant probate. The petition was struck out as incompetent.

Source excerpt

• Validity of will
• Grant of probate
• Evidence admissibility
• Caveat proceedings

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nd in the matter of application for the letters of administration by sepi lionel mawalla and steve lionel mawalla and in the matter of caveat against the grant of lett

Court

TZHC

Although Sepi Lionel Mawalla is eligible to be appointed as administrator, the lack of consensus among beneficiaries and the family meeting's proposal of only Steve Lionel Mawalla justify appointing Steve as sole administrator to minimize family conflict. There are no strong reasons to appoint the caveator or to appoint two administrators.

Source excerpt

• Appointment of administrator
• Letters of administration
• Caveat proceedings
• Family meeting recommendations

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rajbir baljit pandher 2021 tzhc 9439 29 december 2021

Court

TZHC

The High Court dismissed an application to amend a probate petition, holding it was misconceived because a caveat and related civil proceedings were already pending.

• Letters of administration
• Amendment of petition
• Caveat proceedings
• Probate
• Succession
• Letters-of-administration

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chantal tito mziray another vs ritha john makala another 2020 tzca 1930 31 december 2020

Court

TZCA

The trial court's proceedings and judgment were a nullity because the Will, which was central to the dispute, was not tendered or admitted in evidence, yet the court relied on it to determine its validity and the outcome of the caveat. The caveat was not conclusively determined as required by law, rendering subsequent proceedings and the appointment of administrators invalid.

Source excerpt

• Validity of will
• Letters of administration
• Caveat proceedings
• Intestacy
• Procedural irregularity

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joachim mwingira vs agatha mwingira another 2017 tzca 344 1 august 2017

Court

TZCA

The Court of Appeal dismissed an application for extension of time to seek revision, holding that the applicant failed to account for delay and had other remedies.

• Extension of time
• Revision
• Letters of administration
• Caveat proceedings
• Right of appeal
• Procedural irregularities

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19971127 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed an appeal in a succession dispute, holding that the appellants lacked locus standi and that their injunction and compensation request was not tenable.

• Letters of administration
• Locus standi
• Caveat proceedings
• Injunctions
• Succession
• Locus-standi

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