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Tanzania Case Law

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Probate in the matter of the estate of the late devota nambi kijogoo and in the matter of the application for the a grant of probate by florah adam kijogoo 2024 tzhc 340 21 fe

in the matter of the estate of the late devota nambi kijogoo and in the matter of the application for the a grant of probate by florah adam kijogoo 2024 tzhc 340 21 fe

The affidavit submitted by the petitioner did not comply with Rule 63(3) of the Probate Rules, as it was not from a person who witnessed the interment or cremation, nor from a duly registered medical practitioner in the country where the deceased died; thus, the petition is incompetent.

  • Grant of probate
  • Death certificate requirements
  • Affidavit in lieu of death certificate
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Probate 4

4

The Applicant failed to prove that the proceedings leading to the grant of probate to the Respondent were defective in substance. The will was properly propounded, the Respondent complied with legal requirements, and the absence of a certificate of death was sufficiently explained by affidavit. The existence of a prior grant to the Applicant, which was subsequently revoked, does not render the Respondent's grant defective. The application for revocation is without merit and is dismissed.

  • Revocation of probate
  • Validity of will
  • Defective proceedings
  • Executor's appointment
  • Affidavit in lieu of death certificate
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