Gabriel Kyamukubwa v. Sylvestor Kente, (PC) Civ. App. 23-M-66, 30/8/67, Mustafa J.

Gabriel Kyamukubwa v. Sylvestor Kente, (PC) Civ. App. 23-M-66, 30/8/67, Mustafa J.

Plaintiff sued defendant for occupying land alleged to have been bequeathed to plaintiff by a deceased woman. Several witnesses supported his claim that the woman had orally bequeathed him the land some three hours before her death. The Kishanje Primary Court found for plaintiff, the assessors concurring. The District Court found for defendant, on the grounds that he decedent had probably not been in full possession of her faculties at the time of the bequest, again with the assessors’ concurrence.

            Held: Section 7 of Schedule 111 to the Laws of Inheritance, Local Customary Law (Declaration) Order, G.N. 436 of 1963, lists a testator’s “insanity, disease, drunkenness or sudden anger” as factors invalidating a will. Except that the bequest was made near the time of her death, no evidence indicates that the testator’s mind was impaired in this case. Judgment for plaintiff.