20170825 TZHC Dar es Salaam

20170825 TZHC Dar es Salaam

The purported Will failed to comply with legal requirements under customary law and statutory law, contained properties not belonging to the testator, lacked proper attestation and witness testimony, and was found invalid; therefore, the deceased died intestate and the estate must be administered accordingly.

Citation
20170825 TZHC Dar es Salaam
Parties
Petitioner: Ritha John Makala; Petitioner: Ngana Andrew Mziray; Caveator: Chantal Tito Mziray; Caveator: Enock Andrew Mziray
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 August 2017
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Petition allowed; caveat dismissed; estate to be administered as intestate.
Legal Topics
Validity of Will, Letters of Administration, Customary Law of Inheritance
Source Language
English
Succession Probate Family Law Validity of Will Letters of Administration Customary Law of Inheritance

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Parties

Ritha John Makala

Petitioner

Ngana Andrew Mziray

Petitioner

Chantal Tito Mziray

Caveator

Enock Andrew Mziray

Caveator

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether the purported Will of the late Dr. Tito Mziray Andrew is valid and enforceable
  2. 2 Who is entitled to administer the estate of the deceased

Ratio Decidendi

The purported Will failed to comply with legal requirements under customary law and statutory law, contained properties not belonging to the testator, lacked proper attestation and witness testimony, and was found invalid; therefore, the deceased died intestate and the estate must be administered accordingly.

Court Disposition

Petition allowed; caveat dismissed; estate to be administered as intestate.

Orders

  • Letters of administration granted to Ritha John Makala, Ngana Andrew Mziray, and Enock Andrew Mziray.
  • Administrators to file inventory and final accounts within six months from the date of the order.