19950821 TZHC Dar es Salaam

19950821 TZHC Dar es Salaam

The will left by the deceased is valid under Islamic law despite lack of attestation, but its effect is limited to one-third of the estate unless heirs consent. The respondent is entitled to half of the estate, combining one-third bequeathed and her share of the remainder. The respondent should be appointed administrator as there was no opposition and the appellant did not seek appointment.

Citation
19950821 TZHC Dar es Salaam
Parties
Appellant: Athumani Mrisho; Respondent: Mwamvila Seleman
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 1995
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed in part
Legal Topics
Validity of Will, Distribution of Estate, Appointment of Administrator
Source Language
English
Probate Succession Islamic Law Validity of Will Distribution of Estate Appointment of Administrator

Case Brief

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Parties

Athumani Mrisho

Appellant

Mwamvila Seleman

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether the document tendered by the respondent as the will of her late husband is a valid will under Islamic law
  2. 2 Effect of such will on the interests of other rightful heirs

Ratio Decidendi

The will left by the deceased is valid under Islamic law despite lack of attestation, but its effect is limited to one-third of the estate unless heirs consent. The respondent is entitled to half of the estate, combining one-third bequeathed and her share of the remainder. The respondent should be appointed administrator as there was no opposition and the appellant did not seek appointment.

Court Disposition

appeal allowed in part

Orders

  • Order of lower appellate court set aside to the extent that respondent should not take the whole house in accordance with the will
  • Respondent entitled to half of the sale proceeds of the house as ordered by the Primary Court