19810105 TZHC Mwanza1

19810105 TZHC Mwanza1

The written will was invalid as it was unwitnessed and unsigned, failing statutory requirements. The alleged oral will was also invalid for lack of the requisite number of witnesses. The appellant had no legal basis for her inheritance claim.

Citation
19810105 TZHC Mwanza1
Parties
Appellant: Spencioza Bansheija; Respondent: Paskazia Mathew
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 January 1981
Procedural Posture
Civil Appeal / Judgment on Second Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Validity of Will, Inheritance, Requirements for Written and Oral Wills
Source Language
English
Succession Wills and Probate Validity of Will Inheritance Requirements for Written and Oral Wills

Case Brief

Summary, issues, holding and outcome

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Parties

Spencioza Bansheija

Appellant

Paskazia Mathew

Respondent

Procedural Posture

Civil Appeal / Judgment on Second Appeal

Legal Issues

  1. 1 Whether the written will relied upon by the appellant is valid under the Law of Wills
  2. 2 Whether an oral will was validly made and can confer inheritance rights

Ratio Decidendi

The written will was invalid as it was unwitnessed and unsigned, failing statutory requirements. The alleged oral will was also invalid for lack of the requisite number of witnesses. The appellant had no legal basis for her inheritance claim.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs to the respondent.