19770812 TZHC Mwanza

19770812 TZHC Mwanza

The supplement to the will was not a forgery but a genuine document dictated and signed by the deceased, corroborated by witness testimony. It did not revoke or alter the original will or infringe on the respondent's inheritance. Under the law, supplements (codicils) to a will are permissible.

Citation
19770812 TZHC Mwanza
Parties
Appellant: Clemence Bolukeki; Appellant: Felista Kimwotni; Respondent: Anthony
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 August 1977
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
appeal allowed
Legal Topics
Validity of Will, Codicil to Will, Revocation of Will, Forgery Allegations
Source Language
English
Succession Law Customary Law Validity of Will Codicil to Will Revocation of Will Forgery Allegations

Case Brief

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Parties

Clemence Bolukeki

Appellant

Felista Kimwotni

Appellant

Anthony

Respondent

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the supplement to the will was a forgery
  2. 2 Whether a supplement (codicil) can lawfully be added to a will under Bahaya Customary Law
  3. 3 Whether the supplement revoked or altered the original will

Ratio Decidendi

The supplement to the will was not a forgery but a genuine document dictated and signed by the deceased, corroborated by witness testimony. It did not revoke or alter the original will or infringe on the respondent's inheritance. Under the law, supplements (codicils) to a will are permissible.

Court Disposition

appeal allowed

Orders

  • The decision of the district court is set aside.
  • The respondent is to bear the costs in all three courts.