Tanzania Act or statute

Parliament of Tanzania

The Magistrates’ Courts Act, 1984

A primary court may exercise jurisdiction over certain deceased-estate matters, but it must not appoint an administrator in specified cases. A primary court with jurisdiction over deceased estates…

administration of estatesadministrator appointmentasset distributionclaims against estatecourt accountingcourt administrationcourt jurisdictiondeceased debtsdeceased estatesestate administrationestate managementestate paymentsloss compensation

Jurisdiction: Tanzania
Structure: 11 provisions
Citation: The Magistrates’ Courts Act
Official identity: Year 1984
Dates: Enacted 1984

More statute details

Official identity: Year 1984
Dates: Enacted 1984

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“A primary court may exercise jurisdiction over certain deceased-estate matters, but it must not appoint an administrator in specified cases.”

A primary court may exercise jurisdiction over certain deceased-estate matters, but it must not appoint an administrator in specified cases. A primary court with jurisdiction over deceased estates may appoint, replace, and direct administrators and make related orders for administering the estate. If the High Court directs that the Probate and Administration Ordinance applies to an estate, the primary court must revoke the administrator’s appointment and require surrender of the appointment document after receiving notice from the High Court. If a primary court revokes an administrator’s appointment, payments made in good faith before the revocation still count as valid discharge, and the administrator may recover lawful payments from the deceased estate. An administrator appointed by a primary court must collect the deceased’s property and debts, pay the deceased’s debts and administration costs, then distribute the estate as entitled.

How the instrument operates

01
Start with the recorded version

Enacted 1984. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Short title

A primary court may exercise jurisdiction over certain deceased-estate matters, but it must not appoint an administrator in specified cases.

Section 1

District courts

If a primary court revokes an administrator’s appointment, payments made in good faith before the revocation still count as valid discharge, and the administrator may recover lawful payments from the deceased estate.

Section 4

Constitution of magistrates’ courts

An administrator may bring and defend legal proceedings for the estate.

Section 6

Regulations for purposes of assessors in courts exemptions, etc

An administrator who has made reasonable inquiries about the deceased’s debts is not required to advertise, unless the primary courts direct otherwise.

Section 9

Registers and returns

The administrator must account to the primary court for the administration of the estate after finishing it, and at any other stage if the primary court orders.

Section 11

Source and current-law status

Source record view

Source record from oagmis.oag.go.tz · Enacted 1984

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 11 of 11 provisions

Provision 9Short titleInterpretation

§ 1Short titleShort title

A primary court may exercise jurisdiction over certain deceased-estate matters, but it must not appoint an administrator in specified cases.

1.-(l) The jurisdiction of a primary court in the administration of deceased’s estates, where the law applicable to the administration or distribution or the succession to, the estate is customary law or Islamic law, may be exercised in cases where the deceased at the time of his death, had a fixed place of abode within the local limits of the court's jurisdiction: Provided that, nothing in this paragraph shall derogate from the jurisdiction of a primary court in any proceedings transferred to such court under Part V of this Act. (2) A primary court shall not appoint an administrator of a deceased's estate- (a) in respect of an estate to which the provisions of the Probate and Administration of Estates Act are applicable or of which a grant of administration has been made under that Act, or of which the administration is undertaken by the Administrator-General under the Administrator-General (Powers and Functions) Act; or (b) where the gross value of the estate does not exceed Shs.1,000/- unless the court is of the opinion that such an appointment is necessary to protect the creditors or beneficiaries. Powers of courts

Section 1Verify source

§ 2InterpretationInterpretation

A primary court with jurisdiction over deceased estates may appoint, replace, and direct administrators and make related orders for administering the estate.

2. A primary court upon which jurisdiction in the administration of deceased's estates has been conferred may- (a) either of its own motion or an application by any person interested in the administration of the estate appoint one or more persons interested in the estate of the deceased 89 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] to the administrator or administrators, thereof, and, in selecting any such administrator, shall, unless for any reason it considers in expedient so to do, have regard to any wishes which may have been expressed by the deceased; either of its own motion or on application by any person interested in the administration of the estate, where it considers that it is desirable so to do for the protection of the estate and the proper administration thereof, appoint an officer of the court or some reputable and impartial person able and willing to administer the estate to be administrator either together with or in lieu of an administrator appointed under sub-paragraph (a); revoke any appointment of an administrator for a good and sufficient cause and require the surrender of any document evidencing his appointment; (b) (c) (d) make orders as to the administration of the estate, and, in particular but without prejudice to the generality of the foregoing, as to the law to be applied in the distribution of the estate and as to advertising for creditors; require an administrator to sign an undertaking to administer the estate faithfully; require an administrator to give security for the due administration of the estate; (e) (f) (g) make orders as to the payment of the share in the estate of any minor or other person under a disability to a relative or other suitable person for the maintenance or otherwise for the use of such minor or person under a disability, or with the consent of the Public Trustee, to the Public Trustee; or (h) make any order which it has power to make under this Act in cases of a civil nature. conflicts Consequences of revocation

Section 2Verify source

§ 3Primary courtsProvision

If the High Court directs that the Probate and Administration Ordinance applies to an estate, the primary court must revoke the administrator’s appointment and require surrender of the appointment document after receiving notice from the High Court.

3. Where the High Court has directed that the Probate and Administration Ordinance shall apply to an estate of which an administrator has been appointed by a primary court, the primary court shall, upon receiving notice to that effect from the High Court revoke the appointment of such administrator and require the surrender of any document evidencing his appointment.

Section 3Verify source

§ 4District courtsProvision

4. Where an appointment of an administrator is revoked by a primary court- 90 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] (a) (b) all payments bona fide made to the administrator before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the administrator who shall have acted may retain and reimburse himself out of the assets of deceased state in respect of any payments made by him which an administrator may lawfully make. PART II POWERS AND DUTIES OF ADMINISTRATORS APPOINTED BY PRIMARY COURTS General duties of administrator

Section 4Verify source

Part

PART II

§ 5Courts of resident magistrateProvision

An administrator appointed by a primary court must collect the deceased’s property and debts, pay the deceased’s debts and administration costs, then distribute the estate as entitled.

5. An administrator appointed by a primary court shall, with reasonable diligence, collect the property of the deceased and the debts that were due to him, pay the debts of the deceased and the debts and coasts of the administration and shall thereafter distribute the estate of the deceased to the persons or for the purposes entitled thereto and, in carrying out his duties, shall give effect to the directions of the primary court. Proceedings

Section 5Verify source

§ 6Constitution of magistrates’ courtsProvision

An administrator may bring and defend legal proceedings for the estate.

6. An administrator may bring and defend proceedings on behalf of the estate. Receipts Loss

Section 6Verify source

§ 7AssessorsProvision

A receipt issued by an administrator counts as a good discharge for certain people who pay the debtor or deliver the deceased’s property to the administrator.

7. A receipt issued by an administrator shall constitute a good discharge to any debtor paying his debtor and to any person delivering the property of the deceased to the administrator.

Section 7Verify source

§ 8Liability to serve as assessor in courtsProvision

An administrator who mishandles or neglects the deceased’s estate must make good the resulting loss or damage.

8. An administrator who misapplies the estate of the deceased or subjects it to loss or damage shall be liable to make good such loss or damage, and administrator who occasions loss to the estate by neglecting to get in any part of the property of the deceased shall be liable to make good the amount. No obligation to advertise Cap. 4 s.8

Section 8Verify source

§ 9Regulations for purposes of assessors in courts exemptions, etcProvision

An administrator who has made reasonable inquiries about the deceased’s debts is not required to advertise, unless the primary courts direct otherwise.

9. Where an administrator makes inquires which, in the circumstances of the case, are reasonable as to the debts of the deceased he shall not be obliged to advertise for crudities unless so directed by the primary courts. Distribution of assets

Section 9Verify source

§ 10Places and times of sitting and distribution of businessProvision

An administrator may distribute estate assets in stages and is not liable to later claimants who had no notice, if the required conditions are met.

10. An administrator who distributes the assets in discharge of the such lawful claims as he knows of and, after not less than three months after the death of the deceased, distributes the remaining assets among the persons or for purposes entitled thereto, and who gives 91 The Magistrates’ Courts Act [CAP. 11 R.E. 2019] effect or complies with the directions of the court (if any), shall not be liable for those assets to any person of whose claim had no notice at the time of such distribution: Provided that, nothing in this paragraph shall prejudice the right of any creditor to assets at the time of such distribution. Account

Section 10Verify source

§ 11Registers and returnsProvision

The administrator must account to the primary court for the administration of the estate after finishing it, and at any other stage if the primary court orders.

11. After completing the administration of the estate and, if the primary court orders, at any other stage of the administration, the administrator shall account to the primary court for his administration. _____________________ 92

Section 11Verify source

Legislative relationships

1 referenced instrument

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

N–S

1 instrument

Probate and Administration of Estates Act
Section 1

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.