19870618 TZHC Dar es Salaam

19870618 TZHC Dar es Salaam

There was no evidence to prove that the deceased lacked mental capacity due to age, and the will complied with the legal requirements under the Law of Wills. Therefore, the will was valid and the wakf should be implemented as per the deceased's wishes.

Citation
19870618 TZHC Dar es Salaam
Parties
Appellant: Sheria Bofu; Appellant: Amiri Athumani; Appellant: Ali Shah; Respondent: Mohamed Sharaga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 June 1987
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Validity of Wills, Wakf (islamic Endowment), Burden of Proof, Mental Capacity of Testator
Source Language
English
Succession Law Civil Procedure Validity of Wills Wakf (islamic Endowment) Burden of Proof Mental Capacity of Testator

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Parties

Sheria Bofu

Appellant

Amiri Athumani

Appellant

Ali Shah

Appellant

Mohamed Sharaga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the will (exhibit PA) dated 30/6/79 was valid and constituted a wakf as claimed by the appellants
  2. 2 Whether the lower court erred in declaring the respondent as the lawful representative of the deceased's estate

Ratio Decidendi

There was no evidence to prove that the deceased lacked mental capacity due to age, and the will complied with the legal requirements under the Law of Wills. Therefore, the will was valid and the wakf should be implemented as per the deceased's wishes.

Court Disposition

appeal allowed

Orders

  • The appeal is upheld with costs against the respondent.
  • The deceased's wakf should be implemented in accordance with her will.