19950601 TZHC Dar es Salaam

The will was invalid as it contravened Islamic inheritance law by purporting to bequeath more than one-third of the estate; the Primary Court's decision is restored.

Citation: 19950601 TZHC Dar es Salaam
Parties: Applicant: Amiri Abdallah Sudi; Respondent: Asha Kasim
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 June 1995
Procedural Posture: Probate Appeal / Appellate
Outcome: appeal allowed
Legal Topics: Validity of Will, Islamic Inheritance Law
Source Language: English

Succession Family Law Validity of Will Islamic Inheritance Law

Case Brief

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Parties

Amiri Abdallah Sudi

Applicant

Asha Kasim

Respondent

Procedural Posture

Probate Appeal / Appellate

Legal Issues

1 Whether the will tendered by Asha Kasim is valid under Islamic inheritance law
2 Whether the deceased could bequeath more than one-third of his estate by will

Ratio Decidendi

The will was invalid as it contravened Islamic inheritance law by purporting to bequeath more than one-third of the estate; the Primary Court's decision is restored.

Court Disposition

appeal allowed

Orders

Primary Court's decision restored
Administrator to verify wife's claim to house No. 623 Block D