michael damas mbanile vs pasience damas mbanile 2019 tzhc 98 11 october 2019

The will was invalid as it was neither signed nor thumb printed by the donor, regardless of being witnessed before the Primary Court Magistrate.

Citation: michael damas mbanile vs pasience damas mbanile 2019 tzhc 98 11 october 2019
Parties: Appellant: Michael Damas Mbanile; Respondent: Pasience Damas Mbanile
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 October 2019
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Validity of Will, Letters of Administration, Customary Law Requirements
Source Language: English

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Michael Damas Mbanile

Appellant

Pasience Damas Mbanile

Respondent

Civil Appeal / Judgment

1 Whether the will of the late Damas Mathelini Mbanile dated 21/04/2008 is valid
2 Whether failure to sign or thumb print the will invalidates it
3 Whether witnesses to the will should have been called at appeal stage

The will was invalid as it was neither signed nor thumb printed by the donor, regardless of being witnessed before the Primary Court Magistrate.

appeal dismissed