Issues emerged in the case of a late Prof,Kairuki. Hubert

Brief facts of the case; That the given case was jointly instituted by two petitioners ,namely; John Balilonda and MICHAEL Njumba. they both made application for the probate of the will left by the deceased the late Professor HUBERT CLEMENCE MWOMBEKI KAIRUKI(here in after to be named professor Kairuki in this discussion) who died on 6^th February,1999.The will was ,therefore, made by the deceased(testator) person to supplement the former will of Prof. Kairuki and his wife one Kokushibila kairuki because of the joint property they have.

Key issues emerged in the case no.4 of 2005 of late Prof,Kairuki.

In determining the matter at hand the High court of Tanzania   ,Dar es salaam registry analyzed  some issues which were to be settled in solving the dispute before it.

The foremost issue was to check the validity of the will tendered before the court .The court at page three of the ruling provided characteristics of the valid will that is; it must be in writing, signed by the testator in the presence of the two witnesses, who also must sign init in the presence of the testator and it can be revoked by the maker at any time until his death, expressly or another will (codicil).

The other issue was whether joint will could be accepted in law and the court. The court however attempted that joint will is recognized in law and executable without problem.

Another issue which was also discussed was whether the will attached in petition can legally be admitted to probate as the last will of the deceased in the view of the joint will at page four of the ruling. In solving this question the court resorted to the characteristics of the will written by the maker relates the requirement and principles of law. The attached will missed qualification of laws.

 Also there was another that whether the will was legally witnessed by the legal minimum number of the witnesses .The court stated that, it is mandatory requirement that the will must be witnessed by at least two people who must sign in it, in presence of the maker.

That whether the petition for probate was verified by petition and at least one witness as the provision of section 57(1) and (2) of the Probate and Administration of Estates Act [Cap, 352,RE 2002] provides for. The court in deciding the matter focused  to s.57(2) which states that ,where application is  for probate the petition shall also verified by at least one of the witness to the will. But in adverse verification of the petition was done by Siima Kairuki Mujemula ,one of the deceased beneficiary ,hence disqualifies her to be proper witness to the will.

The last issue in this discussion was whether the deceased’s will was witnessed by at least two witnesses as mandatory principles of insist, that, it is mandatory feature that the signature of the testator be witnessed by two witness; the supplement was not signed in the presence of the required number of the witness rather it was signed and witnessed by an Advocate one Kilindu who attested by placing signature and rubber stamp thereon.

Conclusion. From the above issues noted in the discussion, for one to win the case on probate he must meet condition or the characteristics of a valid will   as law needs .Once the will lacks valid qualification needed or demanded, the application for probate can not be granted.