Tanzania Case Law

HADIJA JOSEPH TUNGE

Court

TANZLII

The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.

Source excerpt

• Res judicata
• Jurisdiction of primary courts
• Customary law vs statutory law
• Recognition of marriage
• Administration of estates

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Msafiri

Court

TANZLII

The Probate Court's appointment of the respondents as administrators is upheld as the appellant's grounds regarding death certificates and divorce were unmeritorious, and the issue of the appellant's marriage to the deceased was not determined by the lower courts and is beyond the jurisdiction of the second appellate court. The matter is remitted to the Probate Court to determine whether the appellant was married to the deceased at the time of her death.

Source excerpt

• Letters of administration
• Appointment of administrators
• Recognition of marriage
• Probate procedure

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asumini mohamed mkiwa vs mzee issa athumani another 2022 tzhc 14553 25 october 2022

Court

TZHC

The High Court granted leave to appeal, finding the proposed appeal raised arguable points of law and matters fit for the Court of Appeal.

• Leave to appeal
• Recognition of marriage
• Standard of proof
• Admissibility of evidence
• Parentage determination
• Leave-to-appeal

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20171019 TZHC Dodoma3

Court

TZHC

Matrimonial appeal on marriage recognition, property division, custody, and costs. The High Court upheld findings on marriage and property, but set aside costs.

• Matrimonial property division
• Custody of children
• Maintenance
• Costs in matrimonial proceedings
• Recognition of marriage
• Family-law

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