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Tanzania decisions
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The High Court dismissed an appeal over disputed estate land in Temeke, holding that the administratrix failed to prove lawful ownership and that the tribunal properly evaluated the evidence.
Respondent was lawfully appointed as administrator by probate court; clan meeting minutes are not legally required; disputed land was declared part of Katembela Nyaoza's estate by competent tribunal; appellant's complaints lack merit.
Source excerpt
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
The High Court dismissed a land appeal, holding that land distributed by the deceased during his lifetime did not require probate proceedings to validate the transfer.
High Court appeal over distribution of a deceased’s estate dismissed, with the court upholding allocation of two houses between two polygamous family branches.
Second appeal over revocation of letters of administration was dismissed. The High Court held the appellant had been heard and upheld the lower courts' findings.
The respondent, as the widow and close relative, is more suitable and conversant with the estate than the appellants, who excluded her from the clan meeting and are biased. The law prefers close relatives as administrators unless unfit. The District Court properly appointed the respondent as administrator.
Source excerpt
The first appellate court erred in awarding eight acres of land to the respondent, as this relief was not pleaded or proved, and the court has no power to distribute the estate; such power lies with the administrator. The probate was closed and the estate distributed. The appeal is allowed.
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In a second probate appeal, the High Court upheld concurrent lower-court findings that Katherine Simba was the deceased’s lawful wife and entitled to a share of the estate.
The High Court held that the District Court lacked jurisdiction to hear the probate appeal and that the appeal was time-barred, quashing the lower court proceedings.
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