a.Is it possible for Matesomengi and deceased grandchildren to achieve their objection?

if
yes/no advice them on procedures to be followed.

Yes Matesomengi and the deceased grandchildren can achieve their objection for annulling of
appointment of Mr Majivuno as the administrator.If Matesomengi give the proof of being the
biological son of the late Mr .Jeremiah and this will be possible if he brings the birth
certificate,and on the part of the grandchildren they have the right to inherit from their
grandfather as it's provided in the second schedule of Local customary law (Declaration)Order
1

"Wajukuu watarithi cheo cha baba au mama yao katika urithi wa babu ikiwa baba au mama
yao amekufa kabla ya babu ".

Since they can inherit so they can file an objection for revocation of Mr Majivuno as
administrator.

The rules made under the fifth schedule to the Magistrate’s Courts Act 2 show that the court
may revoke any appointment of an administrator for good and sufficient cause and require the
surrender of any documents evidencing his appointment, the rule reads as follows

"2. A primary court upon which jurisdiction in the administration of deceased's estates has been
conferred may;

(c)revoke any appointment of an administrator for a good and sufficient cause and require
the surrender of any document evidencing his appointment ".3

Any creditor of the deceased person's estate or beneficiary thereof may apply to court which
granted the administration to revoke ,since the administrator should act honestly and should
know that he is placed at a position of holding and protecting interests of others persons
including creditors, heirs and beneficiaries. He must act in good faith and the court should

1
Rule 34 of Order No 04 1967

2
[CAP.11 R.E 2019]

3
Ibid rule 02 (c)
therefore strictly review and evaluate all the facts brought before it in each case so as per as
section 49. 4

The followings are the reasons for annulment or revocation of grant of letter of
administration ,

(a) that the proceedings to obtain the grant were defective in substance;

(b) that the grant was obtained fraudulently by making a false suggestion, or by concealing
from the court something material to the case;

(c) that the grant was obtained by means of an untrue allegation of a fact essential in point of
law to justify the grant, though such allegation was made in ignorance or inadvertently;

(d) that the grant has become useless and inoperative;

(e) that the person to whom the grant was made has wilfully and without reasonable cause
omitted to exhibit an inventory or account in accordance with the provisions of Part XI or has
exhibited under that Part an inventory or account which is untrue in a material respect.

The procedures to follow for revocation grant are provided for under rule 29 5 which are as
follows

 An application for revocation or annulment of a grant under section 49 of the Act shall
be made by chamber summons supported by an affidavit setting out the grounds for
such application.
 Notice of an application made under paragraph (1) and a copy of the affidavit filed in
support thereof shall be served on the person or persons to whom the grant was made.
 An order revoking or annulling a grant shall be in the form prescribed in Form 15 set out
in the First Schedule.
 When the court has made an order revoking or annulling a grant the Registrar shall
cause a notice in the form prescribed in Form 16 set out in the First Schedule to be
4
The Probate and Administration of Estates Act [CAP.352 R.E 2009]

5
Probate Rules
 served, in such manner as he may think fit, upon the person or persons to whom the
grant was made requiring him or them forthwith to deliver up the probate or letters of
administration to him.

b.Which court has jurisdiction to entertain the matter

The court having jurisdiction is Primary Court since Mr Jeremia way of life was customary and
as it is provided under 18(1)6 that primary court shall have and exercise jurisdiction in matters
where the law applicable is customary law or Islamic law. So primary court has unlimited
jurisdiction in matters which concerning Islamic and customary law. In the case of Manugwa
Lutalamila & 2 others vs Martha Lutalamila 7 ,it was held that,

"inter alia ,that where the matter in issue is inheritance under customary law then,irrespective
of the nature of the property involved, the Primary Court has jurisdiction unless the High Court
has directed under section 88 of Probate and Administration of Estates Ordinance that the
provisions of the ordinance shall apply to the estate in question. "

c.Whether the grandchildren can inherit from estate of grandfather

The grandchildren can inherit their grandfather's estate as it's well provided under rule 34 8that
they can inherit the part of their demised parent if they succeeded their father

"Wajukuu watarithi cheo cha baba au mama yao katika urithi wa babu ikiwa baba au mama
yao amekufa kabla ya babu ".

But if their parents are alive they can not inherit from their grandfather's estate. This is in view
of the fact that the law on succession is for the deceased and not for the surviving beneficiaries.
It is why the test applied i.e. “mode of life test”, targets the deceased not those who survive
him or her.

d.Whether the wishes of Mr .Jeremia to be buried according to statutory law will succeed.
6
[CAP.11 R.E 2019]

7
[1982]T.L.R 98

8
Local Customary Law (Declaration)Order No 04 1967
The wishes of Mr. Jeremia to be buried according to statutory law might not necessarily be
binding, especially if they were not formally documented or legally recognized. Customary
practices often take precedence unless there is a strong legal basis to override them.

References

Statutes

Magistrate’s Courts Act [CAP. 11 R.E.2019]

Probate and Administration of Estates Act [CAP.352 R.E 2009]

Probate Rules

Local Customary Law (Declaration)Order No 04 1967

Books

Urio ,A &Urio J,.Probate and Administration of Estates Law in Tanzania( 2013).

Cases
Manugwa Lutalamila & 2 others vs Martha Lutalamila [1982]T.L.R 98