Sued over my husband’s estate

I am a widow living in a house my late husband bought in 2006. We paid the full price, took possession, and even got municipal consent for transfer. But the seller vanished before paying Capital Gains Tax, so the transfer was not registered. Years later, both my husband and the seller passed away. Now, the seller’s estate administrator has filed a case against me personally claiming I am trespassing, demanding rent and damages. The High Court ruled against me, calling me a trespasser. I have appealed, arguing I was wrongly sued in my personal capacity instead of the administrators of my husband’s estate who were appointed by the Courts after my husband died. My lawyer says we have a strong case, but after losing at the High Court, I am shaken. What does the law say about my situation? Please guide me.
EM, Dar es Salaam

Your situation is deeply unfortunate, and we understand how emotionally and legally exhausting this must be. Under Tanzanian law, once a person passes away, their estate is managed by Court-appointed administrators (where there is no will) or executors (where there is a will). The process is governed by the Probate and Administration of Estates Act [Cap 352 R.E. 2023] (the Act).  Section 71 of the Act states that only the administrators of a deceased person’s estate have the legal capacity to sue or be sued in matters concerning that estate. This means that once your husband passed away and administrators were appointed, any legal action concerning property he owned should have been directed at those administrators not at you personally.

Further, the principle of legal capacity is fundamental in civil procedure. Courts have consistently held that suing someone who lacks the legal standing to represent an estate renders the proceedings incompetent. This includes judgments, orders, and any consequential actions. In your case, the High Court’s decision may be invalidated on appeal if the appellate Court agrees that you were wrongly sued. According to our case law, this procedural flaw is not a minor technicality it goes to the heart of the legal process. We advise you to continue working with your lawyer on the appeal.