PROBATE AND ADMINISTRATION CAUSE NO

PROBATE AND ADMINISTRATION CAUSE NO

Failure to attach a verified English translation of the Kiswahili Will as mandated by section 55(3) of the Probate and Administration of Estate Act renders the petition incompetent and necessitates striking out the petition.

Citation
PROBATE AND ADMINISTRATION CAUSE NO
Parties
Petitioner: Alphonce Efrem Lyaruu; Caveator: Karim E. Moshi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Probate and Administration Cause / Ruling on Preliminary Objections
Outcome
petition struck out for incompetence
Legal Topics
Will Translation, Preliminary Objections, Applicability of Customary Law, Christian Succession Law
Source Language
English
Probate Succession Estate Administration Will Translation Preliminary Objections Applicability of Customary Law Christian Succession Law

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Parties

Alphonce Efrem Lyaruu

Petitioner

Karim E. Moshi

Caveator

Procedural Posture

Probate and Administration Cause / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to attach a verified English translation of a Kiswahili Will renders the probate petition incompetent
  2. 2 Whether alleged defects in witnessing and execution of the Will constitute valid preliminary objections
  3. 3 Applicability of Local Customary Law versus Indian Succession Act for a Christian testator

Ratio Decidendi

Failure to attach a verified English translation of the Kiswahili Will as mandated by section 55(3) of the Probate and Administration of Estate Act renders the petition incompetent and necessitates striking out the petition.

Court Disposition

petition struck out for incompetence

Orders

  • petition struck out
  • no order as to costs