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Tanzania decisions
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The petitioner is entitled to letters of administration as citation was properly published, no caveat was filed, and the petitioner was duly appointed by the Registered Trustees of the Roman Catholic Archdiocese of Mbeya.
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The High Court at Arusha held that the deceased’s 2002 will was invalid, declined probate, and left the land ownership dispute to the Land Court.
The Will is invalid as it was not properly witnessed in accordance with statutory requirements; attesting advocates did not testify; custody and execution of the Will were irregular; no proof of forgery but procedural and substantive defects render the Will unenforceable. The petition is struck out and a new petition may be filed for intestate administration.
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Petitioner satisfied all statutory requirements for grant of probate, citation was properly published, no caveat was lodged, thus probate is granted and petitioner appointed executor.
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The High Court held that the 2017 will was invalid for procedural defects and authenticity concerns, sustained the caveat, and granted probate to neither party.
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.
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