19950514 TZHC Dar es Salaam

19950514 TZHC Dar es Salaam

The will was not properly attested as required by law, lacking a witness who was a relative of the deceased, rendering it null and void.

Citation
19950514 TZHC Dar es Salaam
Parties
Appellant: George Anael Mmari; Appellant: Asride Anael Mmari; Respondent: Afra Fuime
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 May 1995
Procedural Posture
PC Civil Appeal / Second Appeal From District Court Decision on Probate and Administration
Outcome
Appeal allowed
Legal Topics
Validity of Will, Attestation Requirements, Intestate Succession
Source Language
English
Succession Law Probate Validity of Will Attestation Requirements Intestate Succession

Case Brief

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Parties

George Anael Mmari

Appellant

Asride Anael Mmari

Appellant

Afra Fuime

Respondent

Procedural Posture

PC Civil Appeal / Second Appeal From District Court Decision on Probate and Administration

Legal Issues

  1. 1 Whether the deceased's written will was valid under the Local Customary Law (Declaration) (No.4) Order 1963
  2. 2 Whether the will was properly attested as required by law

Ratio Decidendi

The will was not properly attested as required by law, lacking a witness who was a relative of the deceased, rendering it null and void.

Court Disposition

Appeal allowed

Orders

  • Order of lower court set aside
  • Will declared null and void