Jacobo Tibufumula v. Abrahim Kipala, Civ. App. 29-M-66; 14/2/67; Mustafa, J.

Jacobo Tibufumula v. Abrahim Kipala, Civ. App. 29-M-66; 14/2/67; Mustafa, J.

This action was brought to determine the distribution of property of the deceased. Respondents claimed the property under a will executed by the decedent in September 1959. Appellants claimed under a will which decedent allegedly made in September 1963 revoking the prior will.

            Held: Pursuant to the customary law of the Haya trible, in order to revoke a will either its witnesses or a majority of them must be called and informed of the revocation or, should this not be possible, at least ten witnesses must be called to make a valid revocation. (Customary Law of the Hay Tribe, Cory and Hartnool, paragraphs 51 and 52) None of these provisions were complied with and the second will did not super cede the first.