19801108 TZHC Mwanza

Land that the deceased had given to his sons before death and which they had developed and maintained does not form part of the deceased's estate and should not be included in the distribution; only land owned by the deceased at death is to be distributed according to the law.

Citation: 19801108 TZHC Mwanza
Parties: Appellant: Paschal Kisika; Respondent: John Hineri
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 November 1980
Procedural Posture: Civil Appeal / Judgment on Second Appeal
Outcome: appeal allowed with costs
Legal Topics: Validity of Will, Distribution of Estate, Apportionment of Land
Source Language: English

Succession Law Validity of Will Distribution of Estate Apportionment of Land

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Parties

Paschal Kisika

Appellant

John Hineri

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

1 Whether land previously apportioned by the deceased to his sons forms part of the estate for distribution
2 Whether the will is valid for purposes of estate distribution

Ratio Decidendi

Court Disposition

appeal allowed with costs

Orders

Primary Court to distribute only land owned by deceased at death in accordance with clause 29 G.N. 436 of 1963
Primary Court to comply with directive of 1st appellate court regarding selection of personnel for distribution