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Tanzania decisions
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Division and development of estate property prior to appointment of administrator was unlawful; only administrator has authority to distribute estate assets; exclusion of property from inventory was improper; appeal allowed and trial court's ruling quashed.
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The Court of Appeal struck out a suit over estate property because the respondent, not being an administrator, executor, creditor, or legatee, lacked locus standi.
The appeal was incompetent due to multiple procedural defects including late filing, lack of leave to appeal, non-payment of fees, missing essential documents, and pending related application; appellant deliberately absented herself and failed to substantiate allegations against her former counsel.
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The appeal was incompetent due to multiple procedural defects: late filing, lack of leave to appeal, non-payment of fees and security, missing essential documents, and pending related application. The appellant was properly notified and absent by choice. No grounds to set aside High Court orders.
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The respondent's acts in distributing the estate before formal appointment were lawful as he was appointed by family members and acted as a legal representative under customary law and the Civil Procedure Code. The administration of the estate is closed, and reopening would cause more harm than good. No injustice or unfairness was found in the process.
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