said sultani mwago vs selemani sultani mwago 2011 tzhc 2175 12 december 2011
The will did not adequately provide the wife with her one eighth share as required by Islamic law; the executor must evaluate the estate and pay the wife one eighth of its value or allocate property of equivalent value.
- Citation
- said sultani mwago vs selemani sultani mwago 2011 tzhc 2175 12 december 2011
- Parties
- Applicant: Selemani Sultani Mwago; Objector: Makata Ramadhani
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 12 December 2011
- Procedural Posture
- Probate and Administration Cause / Ruling on Objection to Grant of Probate
- Outcome
- Objection upheld in part; directions issued to executor.
- Legal Topics
- Distribution of Estate, Executor's Duties, Testamentary Disposition, Islamic Inheritance Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Selemani Sultani Mwago
Applicant
Makata Ramadhani
Objector
Procedural Posture
Probate and Administration Cause / Ruling on Objection to Grant of Probate
Legal Issues
- 1 Whether the will validly provided for the deceased's wife in accordance with Islamic law
- 2 Whether the executor must allocate one eighth of the estate to the wife
Ratio Decidendi
The will did not adequately provide the wife with her one eighth share as required by Islamic law; the executor must evaluate the estate and pay the wife one eighth of its value or allocate property of equivalent value.
Court Disposition
Objection upheld in part; directions issued to executor.
Orders
- Executor to evaluate the entire estate and pay the wife one eighth of its value or allocate property of equivalent value.
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