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Tanzania decisions
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The appellant's appointment as administrator was proper as it concerned a distinct estate, but the primary court lacked jurisdiction to determine ownership of the disputed plot in probate proceedings.
Source excerpt
The High Court upheld dismissal of a land appeal over a post-death sale of estate land, finding the appellant failed to prove the land formed part of the deceased's estate.
The High Court dismissed an application for recusal in a probate cause, holding that the grounds raised did not show bias and that repeated applications amounted to forum shopping.
The High Court held the trial court had not revoked the administrator’s appointment, but both lower courts failed to address all probate issues and the matter was remitted.
The probate court's jurisdiction is limited to appointment of administrators; disputes over ownership of estate property must be litigated in the appropriate land court. The trial and appellate courts correctly advised parties to pursue ownership claims in a competent forum.
Source excerpt
The High Court revoked an administrator’s appointment after finding the probate court had gone beyond its jurisdiction by deciding disputed property ownership.
The High Court dismissed an administratrix’s bid to compel rent payment and vacant possession from alleged occupants of estate property, holding probate was not the proper forum.
The Court of Appeal held that the High Court exceeded its probate jurisdiction by deciding marital status and heirship, nullifying the proceedings and ordering a rehearing.
The petitioner fulfilled all statutory requirements for grant of letters of administration, no objections were filed after proper citation, and supporting documents were sufficient; thus, the petition was granted.
Source excerpt
The High Court enforced a consent order requiring sale-related payment for an estate house and held that the administrator’s challenge was an abuse of process.
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