Tanzania Case Law

ahmed mohamed al laamar vs fatuma bakari another 2012 tzca 22 6 july 2012

Court

TZCA

The High Court erred in revoking the probate and appointing the respondents as administrators because the appellant had already completed his duties as executor, exhibited the required inventory and accounts, and was functus officio. There was no operative probate to revoke or office to succeed to. Any allegations of fraud or misappropriation should be pursued through separate civil or criminal proceedings, not by revocation of probate.

Source excerpt

• Revocation of probate
• Executor's duties
• Appointment of administrators
• Functus officio
• Inventory and accounts
• Appeal procedure

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ahmed mohamed al laamar vs fatuma bakari another 2012 tzca 135 6 july 2012

Court

TZCA

The High Court erred in revoking the appellant's probate and appointing the respondents as administrators because the appellant had already completed his duties as executor, filed the required inventory and accounts, and was functus officio. There was no operative probate to revoke or office to which the respondents could succeed. Any claims of misappropriation or fraud should be pursued through separate civil or criminal proceedings, not by revocation or new appointment.

Source excerpt

• Revocation of probate
• Appointment of administrators
• Executor's duties
• Functus officio
• Inventory and accounts
• Jurisdiction of high court

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20111212 TZHC Dar es Salaam

Court

TZHC

The High Court held that the widow was entitled to her one-eighth Islamic inheritance share and ordered the executor to value the estate and pay or allocate that amount.

• Probate
• Testate succession
• Islamic inheritance
• Executor's duties
• Testate-succession
• Islamic-inheritance

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said sultani mwago vs selemani sultani mwago 2011 tzhc 2175 12 december 2011

Court

TZHC

The High Court held that the deceased wife was entitled to one-eighth of the estate under Islamic succession rules and ordered the executor to value and pay that share.

• Distribution of estate
• Executor's duties
• Testamentary disposition
• Islamic inheritance rights
• Probate
• Succession-law

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20111212 TZHC Dar es Salaam1

Court

TZHC

The High Court held that the widow was entitled to one-eighth of the deceased Muslim estate and ordered the executor to value the estate accordingly.

• Distribution of estate
• Executor's duties
• Islamic inheritance rights
• Validity of will
• Probate-administration
• Islamic-inheritance

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