19760615 TZHC Mwanza

19760615 TZHC Mwanza

The only valid will was the first written one, whose contents were sufficiently proved by witnesses. The oral will, even if pronounced, was invalid as it was not made in the presence of clan members or witnesses to the written will. The property should be divided according to the terms of the written will.

Citation
19760615 TZHC Mwanza
Parties
Appellant: Gabriel Kaindowa; Respondent: Jonathan Kaindowa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 June 1976
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Validity of Wills, Revocation of Wills, Inheritance Rights, Customary Law
Source Language
English
Succession Law Family Law Validity of Wills Revocation of Wills Inheritance Rights Customary Law

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Parties

Gabriel Kaindowa

Appellant

Jonathan Kaindowa

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether an oral will can revoke a prior written will under the circumstances
  2. 2 Whether the appellant was unlawfully disinherited by the written will
  3. 3 Whether the contents of the lost written will were sufficiently proved

Ratio Decidendi

The only valid will was the first written one, whose contents were sufficiently proved by witnesses. The oral will, even if pronounced, was invalid as it was not made in the presence of clan members or witnesses to the written will. The property should be divided according to the terms of the written will.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant to vacate the portion of the shamba and the main house left to the respondent by the written will.
  • Property to be divided according to the terms of the written will.