eliahu lonyamali vs mosses lonyamali and another 2020 tzhc 3903 26 november 2020

eliahu lonyamali vs mosses lonyamali and another 2020 tzhc 3903 26 november 2020

The will was not properly tendered or admitted in evidence; therefore, it was correct for the District Court to reject it, but improper to declare it void without proper admission. The appointment of co-administrators is sustained.

Citation
eliahu lonyamali vs mosses lonyamali and another 2020 tzhc 3903 26 november 2020
Parties
Appellant: Eliahu Lonyam Ali; 1st Respondent: Mosses Lonyam Ali; 2nd Respondent: Simon Lonyam Ali
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2020
Procedural Posture
PC Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal dismissed
Legal Topics
Validity of Will, Appointment of Administrators, Evidence Admission
Source Language
English
Probate Succession Validity of Will Appointment of Administrators Evidence Admission

Case Brief

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Parties

Eliahu Lonyam Ali

Appellant

Mosses Lonyam Ali

1st Respondent

Simon Lonyam Ali

2nd Respondent

Procedural Posture

PC Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the District Court erred in rejecting a valid will
  2. 2 Whether the District Court's decision was against the weight of evidence

Ratio Decidendi

The will was not properly tendered or admitted in evidence; therefore, it was correct for the District Court to reject it, but improper to declare it void without proper admission. The appointment of co-administrators is sustained.

Court Disposition

Appeal dismissed

Orders

  • Appointment of Eliahu Lonyamali and Mosses Lonyamali as co-administrators sustained
  • No order as to costs