COURTS IN PROBATE AND AMNISTRATION OF CASE
Outline
- Jurisdiction of the court
- Conflicts of laws
- Protection of estate reveals court
- How to deal with counters
a) Executer of the wrong
b) how to deal missing executer
1.JURISDICTION OF COURT
A. Primary Court
-power practise and proceeds used by the court when dealing with the primary court when dealing with the matter under section 19(11) of magistrate court Act s.19(1) of MCA
Paragraphy1(1) of firth schedule to MCA
-PROBATE
a) customary and Islamic
-Christiaan and could not fill this in primary court
-If year Muslim year right is automatic
-High court and primary court have concurrent judgement
Jurisdiction on small estate s.2 of probate and administration of estate Act
2. District court
-district court has no original jurisdiction on matter reality to probate.
-Exception on a small estate whose value is not more than one hundred-million-shilling estate other than small estate.
-if is not a small estate the proper court should be either primary court district delegated or the high court depending on which be applied statutory law Islamic or statutory laws.
3.Disrtict delegated
s.5(2) of PAEA
1. in non continuous case
2. in continuous cases
In matters continuous, procedures section 83. governing PAEA
Section 82(6) Of the probate rules
However, the district delegated does not have jurisdiction to exercise any of the powers expressly the high court
3.-District delegated has original jurisdiction in all non continuous matters (2)(a)
– However, it has been limited pecuniary jurisdiction in continuous matter where the gross value of the estate should not exceed fifteen thousand million that the district delegate has powers
4. High court
-all matters relating to probate and administration of deceased estate that falls under customary or Islamic laws
-The reason behind is that the in in succession act has been made applicable in Tanzania through the Saif JALA
-Section 15(c) of Act the Indian acts
-section 2(3) of the Act produces that
5.Caourt of Appeal
-have the appellant jurisdiction act
-Applicant of revenue
2. Conflicts of laws
Once there are conflicts of two laws the
Read
. Innocent Mbilinyi 1969
-if it happens conflicts of the laws it goes to the high court
.Elias Jeremia vs Paul
-child law declaration act
-and child law acts
3. PROTECTION OF ESTATE PENDING GRANT
Introduction
In a situation where a person who is interested with the deceased estate faults that there is the danger of deceased is property being lost or being misplaced before the lawful personal representatives has been appointed, may make an application to each court for grants of representative to any person as
Granted, section 10 empowers the administering of the general
-if the court thinks fit will appoint the such person administering general person to be a pending a grant of probate or letters of administration
DOCUMENTS
- The appointment is made by the pending grant by the a way of application of chamber summons supported by an affidavit
- The date of the death of the deceased
- The demise of the deceased
- Whether an application for grant of probate or letters of administration has been made to court and if so by whom
- The name and address of the person entitled to inherit the estates
- The description and clause of the property in respect to the applications made
- To state the reasons for making an applications
An affidavit supported by chamber summons is the from that is prescribed under the form no 6 in the FIRST SCHEDULE
“AN affidavit in support of application for for the appointment of the RCCC pending grant rule 24
An order for appointing the pending grants is in the form prescribed in form 7
ORDER APPOINTING RCC PENDING GRANT
Section 10 rule 24
Power rights and the liability of the rear pending
-Under Section 11 of the Act pending grant can sale any party of the deceased estate if it appears that such sell will benefits the estate
– sale by rear pending grant is made from prescribed from no 8 “ORDER FOR SALE OF PROPERTY ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………