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Tanzania decisions
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The High Court at Mwanza granted probate to Shafik Badrudin Merali as executor of the estate of Sakinabai DostMohamed Panchan after confirming compliance and no caveat.
The High Court at Mwanza granted probate to Shafik Badrudin Merali as executor of the estate of Sherbanu DostMohamed Panchan after no caveat was filed.
The probate court failed to record the presence and statements of heirs and did not require concrete proof of incapacity of the executor named in the Will, resulting in procedural irregularity and miscarriage of justice. The District Court erred in holding it had no jurisdiction to revise the Primary Court’s decision.
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The petitioner is a fit person to execute the will and all statutory requirements have been complied with; probate granted as prayed.
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The petitioner is entitled to probate as executor since the will is valid, the deceased was of sound mind, and no contrary evidence was established.
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