bernad menrad mshanga 2021 tzhc 2795 18 march 2021

bernad menrad mshanga 2021 tzhc 2795 18 march 2021

The appeal was dismissed because the trial and first appellate courts properly appointed the respondent as administrator based on the evidence and procedures followed. The challenge to the validity of the will was premature at the stage of appointing the administrator and should be raised after the administrator has performed his duties and distributed the estate.

Citation
bernad menrad mshanga 2021 tzhc 2795 18 march 2021
Parties
Appellant: Bernad Menrad Mshanga; Respondent: Victor Akwilinitilya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 March 2021
Procedural Posture
Probate Appeal / Second Appeal Before High Court
Outcome
appeal dismissed
Legal Topics
Validity of Will, Appointment of Administrator, Admissibility of Secondary Evidence, Customary Law in Succession
Source Language
English
Probate Succession Validity of Will Appointment of Administrator Admissibility of Secondary Evidence Customary Law in Succession

Case Brief

Summary, issues, holding and outcome

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Parties

Bernad Menrad Mshanga

Appellant

Victor Akwilinitilya

Respondent

Procedural Posture

Probate Appeal / Second Appeal Before High Court

Legal Issues

  1. 1 Whether the trial and appellate courts erred in appointing the respondent as executor based on a copy of the will
  2. 2 Whether the will was made under undue influence and its validity questionable
  3. 3 Whether the will contained properties not owned by the testator

Ratio Decidendi

The appeal was dismissed because the trial and first appellate courts properly appointed the respondent as administrator based on the evidence and procedures followed. The challenge to the validity of the will was premature at the stage of appointing the administrator and should be raised after the administrator has performed his duties and distributed the estate.

Court Disposition

appeal dismissed

Orders

  • First appellate court's judgment, proceedings, and orders quashed and set aside
  • Parties to revert to trial court for administrator to carry out duties