19730105 TZHC Mwanza

19730105 TZHC Mwanza

The evidence established that the will was genuine, witnessed by clan members, confirmed publicly, and the testator was mentally sound; the appellant failed to prove forgery or invalidity under customary law.

Citation
19730105 TZHC Mwanza
Parties
Appellant: Clemence Bernard; Respondent: Njestory Balthazar; Respondent: Nakwalu Mweyunge
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 January 1973
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Validity of Will, Disinheritance, Customary Inheritance, Mental Capacity of Testator
Source Language
English
Succession Customary Law Validity of Will Disinheritance Customary Inheritance Mental Capacity of Testator

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Parties

Clemence Bernard

Appellant

Njestory Balthazar

Respondent

Nakwalu Mweyunge

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the will of Bernado Tinabyombeleire was genuine and valid under Haya customary law
  2. 2 Whether the testator was mentally sound at the time of making the will
  3. 3 Whether the appellant was lawfully disinherited

Ratio Decidendi

The evidence established that the will was genuine, witnessed by clan members, confirmed publicly, and the testator was mentally sound; the appellant failed to prove forgery or invalidity under customary law.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • District Court of Bukoba to determine any dispute as to amount of costs.