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Tanzania decisions
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The High Court quashed the District Court’s revision ruling because the appellant should have appealed under the Magistrates’ Courts Act, not sought revision.
The High Court held that the District Court lacked jurisdiction over the estate of a deceased Muslim and quashed the probate proceedings and grant of letters of administration.
The High Court dismissed a land appeal as time barred, holding that a suit to recover a deceased person’s land accrued on the date of death in 1979.
The court held that, given the pending main suit over ownership and the ongoing generation of rental income from the disputed property, it is necessary to preserve the rental proceeds in an escrow account to protect the financial interests of both parties until the dispute is resolved.
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All complaints raised are res judicata, having been previously determined on merit in earlier proceedings involving the same parties and issues; court is functus officio and cannot reopen the matter.
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The High Court granted a temporary injunction preserving disputed estate property pending trial, finding serious issues about service, probate revocation, and estate administration.
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.
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The proceedings from 5th August 2021 onward are a nullity due to the inclusion of a deceased respondent without joining a legal representative, violating the right to be heard and causing injustice.
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The petitioner is entitled to letters of administration as citation was properly published, no caveat was filed, and the petitioner was duly appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya.
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The applicant demonstrated sufficient cause for extension of time due to procedural illegality and lack of jurisdiction by the tribunal over estate property, warranting grant of extension to file revision.
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