19710510 TZHC Mwanza3

19710510 TZHC Mwanza3

The appellant could not inherit the shamba as her father was not the owner at the relevant time, and Kakabindura, as the surviving owner, validly altered her will in favour of the respondent after Chief Ntare's death.

Citation
19710510 TZHC Mwanza3
Parties
Appellant: Catherine d/o Ntare; Respondent: Chrisant s/n Ntare
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 May 1971
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Alteration of Will, Inheritance Rights, Customary Law
Source Language
English
Succession Wills and Probate Alteration of Will Inheritance Rights Customary Law

Case Brief

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Parties

Catherine d/o Ntare

Appellant

Chrisant s/n Ntare

Respondent

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the appellant was entitled to inherit the shamba in dispute
  2. 2 Whether the alteration of the will by the late Kakabindura in favour of the respondent was valid

Ratio Decidendi

The appellant could not inherit the shamba as her father was not the owner at the relevant time, and Kakabindura, as the surviving owner, validly altered her will in favour of the respondent after Chief Ntare's death.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay shs.50/- as costs