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Tanzania decisions
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The High Court dismissed a probate appeal, holding that the appellant, as a grandchild, had no direct entitlement to inherit through her deceased father.
The appellant was not a lawful wife but a concubine, and thus not entitled to inherit or administer the deceased's estate; the deceased had already distributed his properties during his lifetime, leaving nothing to be administered; the first appellate court's revocation of the appellant's appointment was correct.
Source excerpt
The High Court at Arusha held that the deceased’s 2002 will was invalid, declined probate, and left the land ownership dispute to the Land Court.
The High Court allowed a land appeal, quashed the tribunal’s judgment, and ordered a retrial after finding a fatal irregularity in admitting estate documents.
The High Court held that the Resident Magistrate’s Court lacked jurisdiction over an inheritance dispute arising from customary law and set aside the judgment.
The High Court dismissed a land appeal after finding the appellant lacked locus standi to claim inherited land, while the respondent proved administration of the estate.
The High Court nullified a land tribunal decision for lack of jurisdiction, holding that inheritance eligibility is for the probate court, not the land tribunal.
Customary law provisions denying inheritance rights to women are unenforceable as they contravene constitutional principles of non-discrimination. The District Court correctly included the 1st respondent as a beneficiary, and there was no evidence of divorce. The Primary Court properly ascertained the applicable law.
Source excerpt
The High Court dismissed an inheritance appeal, holding that long separation had ended the appellant’s marriage and left her without widow status.
High Court partly allowed a probate appeal, finding the appellant was wrongly excluded as widow and that matrimonial issues were dealt with in the wrong forum.
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