19700212 TZHC Mwanza

19700212 TZHC Mwanza

Written will was void for non-compliance with statutory requirements; oral will failed to meet witness requirements; partnership improvements not recoverable due to alleged profit; appeal dismissed for lack of merit and timeliness; attachment upheld as property belonged to judgment debtor.

Citation
19700212 TZHC Mwanza
Parties
Appellant: Lalchoniyejboni; Respondent: Silestini Daodii; Appellant: Lutobeka s/c Shilungu; Respondent: Mtimbo M. Lsszu; Appellant: Obii Bujiku; Appellant: Nibilu Ndulu; Respondent: Sololo s/o Mgihindi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 February 1970
Procedural Posture
Civil Appeal / Appellate
Outcome
appeals dismissed
Legal Topics
Inheritance, Oral and Written Wills, Partnership Disputes, Attachment of Property, Timeliness of Appeals
Source Language
English
Property Law Customary Law Partnership Law Civil Procedure Inheritance Oral and Written Wills Partnership Disputes Attachment of Property +1 more

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Parties

Lalchoniyejboni

Appellant

Silestini Daodii

Respondent

Lutobeka s/c Shilungu

Appellant

Mtimbo M. Lsszu

Respondent

Obii Bujiku

Appellant

Nibilu Ndulu

Appellant

Sololo s/o Mgihindi

Respondent

Procedural Posture

Civil Appeal / Appellate

Legal Issues

  1. 1 validity of written and oral wills under customary law
  2. 2 entitlement to land based on inheritance
  3. 3 recovery of partnership contributions and improvements

Ratio Decidendi

Written will was void for non-compliance with statutory requirements; oral will failed to meet witness requirements; partnership improvements not recoverable due to alleged profit; appeal dismissed for lack of merit and timeliness; attachment upheld as property belonged to judgment debtor.

Court Disposition

appeals dismissed

Orders

  • appeals dismissed with costs
  • no order as to costs in attachment case