Tanzania Case Law

2

Court

TANZLII

The grant of letters of administration to the respondent was revoked because it was obtained on the basis of an untrue allegation that the deceased died intestate, while a Will existed. However, the court declined to appoint the named executor or any other person as administrator until the Will is formally propounded by petition for probate. The applicants' exclusion as beneficiaries and jurisdictional complaints were found premature or unsubstantiated at this stage.

Source excerpt

• Revocation of letters of administration
• Testate vs intestate succession
• Jurisdiction in probate matters
• Beneficiary exclusion
• Validity of wills

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hilal ahmad mbaraka vs mohamed ahmed mbarak 2023 tzhc 15829 27 february 2023

Court

TZHC

The High Court certified seven proposed grounds as points of law for consideration by the Court of Appeal in a probate-related appeal.

• Certification of points of law
• Appellate jurisdiction
• Probate proceedings
• Validity of wills
• Islamic law in succession
• Certification-of-points-of-law

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faiza mohamed hassan administratrix of the estate of the late ajuza abdallah makbel vs hassan mohamed hassan 2023 tzhc 15830 27 february 2023

Court

TZHC

The High Court partly granted certification of points of law for a Court of Appeal challenge, certifying two proposed issues and rejecting one not supported by the record.

• Certification of points of law
• Validity of wills
• Jurisdiction in probate matters
• Certification-of-points-of-law
• Probate-and-administration
• Validity-of-wills

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jamila twalibu mkwavila administratix of the estates of the late twalibu saidi mkwavila vs salima selemani administratix of the estates of the late selemani saidi mkwa

Court

TZHC

The purported will produced by the appellant did not meet the legal requirements for a valid will under Local Customary Law, lacking a date and proper attestation by witnesses. Therefore, there was no valid bequest of the disputed premises to the appellant's father, and the respondent, as administratix, was entitled to administer the estate.

Source excerpt

• Validity of wills
• Bequest of property
• Burden of proof
• Customary law requirements for wills

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gibson kabumbire vs rose nestory kabumbire 2021 tzhc 6009 13 august 2021

Court

TZHC

There was no evidence that the deceased abandoned customary law; thus, the primary court had jurisdiction. However, as the will could not be traced in the record, the estate must be administered as if the deceased died intestate.

Source excerpt

• Jurisdiction of primary courts
• Applicable law in probate matters
• Validity of wills
• Administration of estates
• Customary law vs. christian law

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CIVIL APPEAL NO

Court

TANZLII

The High Court erred in invalidating the will based on attestation by a non-relative, inclusion of matrimonial property, and alleged unsound mind, as these grounds were not supported by evidence or law. The will was properly attested, and there was no proof of improper execution or incapacity. The High Court also erred in appointing joint administrators after invalidating the will. The will is valid and probate should be granted to the appellant.

Source excerpt

• Validity of wills
• Attestation of wills
• Matrimonial property in succession
• Appointment of administrators
• Burden of proof in probate

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20150820 TZHC Mbeya 1

Court

TZHC

The High Court dismissed a probate appeal, holding that the district court did not determine the merits of the will but properly addressed jurisdictional errors and direction.

• Jurisdiction of primary courts
• Validity of wills
• Appellate review
• Probate administration
• Probate
• Jurisdiction

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20140819 TZHC Mwanza

Court

TZHC

High Court appeal over disputed estate property and a contested will was allowed; the District Court was set aside and the Primary Court judgment restored.

• Administration of estates
• Validity of wills
• Ownership of property in succession
• Probate procedure
• Administration-of-estates
• Validity-of-wills

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khadija hussein saidi magoma vs matinde wambura 2014 tzhc 2051 19 august 2014

Court

TZHC

High Court of Tanzania allowed an appeal over disputed estate property and an alleged will, restoring the Primary Court’s decision and finding the will invalid.

• Administration of estates
• Validity of wills
• Ownership of property
• Customary law
• Probate-and-succession
• Validity-of-wills

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20071123 TZHC Mwanza

Court

TZHC

Second probate appeal dismissed. The High Court upheld jurisdiction of the lower courts, found the disputed will invalid, and confirmed revocation of the appellant’s administration.

• Jurisdiction of primary courts
• Validity of wills
• Revocation of administrator
• Islamic law in probate
• Appellate procedure
• Probate

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