19770519 TZHC Mwanza
The Will dated 6/9/69 was void for lack of sufficient witnesses as required by Rule 19, and thus could not revoke the valid Will dated 15/8/69, which complied with the requirements for a literate testator.
- Citation
- 19770519 TZHC Mwanza
- Parties
- Appellant: Andrew Barongo; Respondent: Leonard Flugence
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 19 May 1977
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- appeal allowed
- Legal Topics
- Validity of Wills, Revocation of Wills, Customary Law Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew Barongo
Appellant
Leonard Flugence
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the Will dated 6/9/69 was valid under Rule 19 of the Local Customary Law (Declaration) Order, 1963
- 2 Whether the Will dated 15/8/69 was valid and properly revoked
Ratio Decidendi
The Will dated 6/9/69 was void for lack of sufficient witnesses as required by Rule 19, and thus could not revoke the valid Will dated 15/8/69, which complied with the requirements for a literate testator.
Court Disposition
appeal allowed
Orders
- The shamba was properly bequeathed to the appellant by the testator.
- The appellant is granted costs in this court and in the lower courts.
Full Case Text
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