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Tanzania decisions
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The will was invalid as the reasons for disinheritance did not meet the legal threshold under customary law, and the respondent was not given an opportunity to defend herself; further, the will was not properly admitted as evidence in the Primary Court, rendering the appellant's appointment as administrator void.
Source excerpt
High Court appeal over a disputed will and disinheritance dismissed. The court upheld the District Court, found the will valid, and affirmed the appellant had received her share.
The Will of the late John Peter Silveira was validly executed in accordance with the law, properly witnessed, and appoints Francisca Haruweru Silveira as executor. The requirement for clan meeting approval is not a legal prerequisite. Allegations of misappropriation and exclusion of heirs were not substantiated. Probate is granted to the petitioner as executor; the caveators' petition is dismissed.
Source excerpt
The Court of Appeal rejected a third appeal over clan land inheritance, holding no point of law arose and that the certificate to appeal had been wrongly granted.
The High Court dismissed an appeal challenging a will, holding that dissatisfaction with the share received is not a ground to invalidate it.
High Court appeal over a challenged customary will was dismissed. The court found the will genuine, properly witnessed, and the testator mentally sound.
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