Jaffari Msafiri v. John Mashenge (PC) 284-M-69; 30/1/70; Bramble J.

 

Jaffari Msafiri v. John Mashenge (PC) 284-M-69; 30/1/70; Bramble J.

The appellant, who admitted that he was not of the same clan as deceased, claimed that the deceased was his grandfather who had made a will bequeathing the shamba under dispute to him. The respondent, who was the decease’s brother claimed as a natural heir. The primary court upheld the will but the District court reversed judgment on the ground that there was no evidence from the clan member’s showing that the respondent had been disinherited.

            Held: (1) “There is, however, the evidence of P.W. 1, a clan member that the deceased had disinherited the respondent because he had refused to assist him and the finding of fact was wrong. In addition ……. A testator must declare specifically in writing his intentions and reasons for disinheriting his heir-at-law in keeping with Clause 34 of Government Notice 436 of 1963. The learned district magistrate could not have read the will, which was put in evidence, since it gave in detail the reasons for disinherited the respondent ……” (2) Appeal allowed.