19730104 TZHC Mwanza2

The alleged alteration to the will was not properly witnessed or initialed by the testator, thus invalid. The respondent remains an heir to the shamba as per the original will.

Citation: 19730104 TZHC Mwanza2
Parties: Appellant: Hilalio Benedicto; Respondent: Kizito Kalitunga; Third Party: Kazimiri Bartholomew
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 January 1973
Procedural Posture: Civil Appeal / Final Judgment
Outcome: appeal dismissed
Legal Topics: Will Alteration, Inheritance, Validity of Testamentary Documents
Source Language: English

Succession Customary Law Will Alteration Inheritance Validity of Testamentary Documents

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Parties

Hilalio Benedicto

Appellant

Kizito Kalitunga

Respondent

Kazimiri Bartholomew

Third Party

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

1 Whether the alteration to the will was valid and properly witnessed
2 Whether the respondent remains an heir under the will

Ratio Decidendi

The alleged alteration to the will was not properly witnessed or initialed by the testator, thus invalid. The respondent remains an heir to the shamba as per the original will.

Court Disposition

appeal dismissed

Orders

Respondent remains heir to the shamba as per the original will.
Shamba to be passed to respondent.