grace peter adam msuri grace david sawe another vs adam peter msuri 2023 tzhc 20582 31 august 2023

grace peter adam msuri grace david sawe another vs adam peter msuri 2023 tzhc 20582 31 august 2023

The Will dated 07th April, 2002 is invalid because it was not properly witnessed as required by law, included a beneficiary as a witness, failed to provide reasons for exclusion of an heir, and the sole surviving witness was not fully aware of its contents. The probate petition based on the invalid Will cannot be granted, and neither party is appointed as executor. The dispute over Plot No. 22 Block X Levolosi is outside the probate court's jurisdiction and must be determined by a proper Land Court.

Citation
grace peter adam msuri grace david sawe another vs adam peter msuri 2023 tzhc 20582 31 august 2023
Parties
Plaintiff: Grace Peter Adam Msuri @ Grace David Sawe; Plaintiff: Matilda Peter Adam Msuri @ Matilda Mndeme; Defendant: Adam Peter Msuri
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2023
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Will declared invalid; probate petition dismissed; no executor appointed; land dispute to be determined by Land Court; no order as to costs.
Legal Topics
Validity of Will, Appointment of Executor, Inheritance Rights, Exclusion of Heirs, Jurisdiction Over Land Disputes
Source Language
English
Probate Succession Family Law Validity of Will Appointment of Executor Inheritance Rights Exclusion of Heirs Jurisdiction Over Land Disputes

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Parties

Grace Peter Adam Msuri @ Grace David Sawe

Plaintiff

Matilda Peter Adam Msuri @ Matilda Mndeme

Plaintiff

Adam Peter Msuri

Defendant

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether the Will of the late Peter Adam Msuri executed on 07/04/2002 was valid
  2. 2 Whether Plot No. 22 Block X Levolosi Arusha belongs to the defendant or is part of the estate
  3. 3 Whether the Court should grant probate to the petitioners/plaintiffs

Ratio Decidendi

The Will dated 07th April, 2002 is invalid because it was not properly witnessed as required by law, included a beneficiary as a witness, failed to provide reasons for exclusion of an heir, and the sole surviving witness was not fully aware of its contents. The probate petition based on the invalid Will cannot be granted, and neither party is appointed as executor. The dispute over Plot No. 22 Block X Levolosi is outside the probate court's jurisdiction and must be determined by a proper Land Court.

Court Disposition

Will declared invalid; probate petition dismissed; no executor appointed; land dispute to be determined by Land Court; no order as to costs.

Orders

  • The Will of the late Peter Adam Msuri dated 07th April, 2002 is declared invalid.
  • Ownership of property in Plot No. 22 Block X Levolosi Arusha to be determined by a proper Land Court.