Valentine Makwaba v. Maxmillian Mgingurwa (pc) Civ. App. 27-D-68, 5/10/68, Hamlyn J.

Valentine Makwaba v. Maxmillian Mgingurwa (pc) Civ. App. 27-D-68, 5/10/68, Hamlyn J.

The testator died without issue. Appellant claimed the property because he alleged that the testator gave him the land for the service he rendered to the testator when there was litigation between the testator and a woman who claimed the shamba. Respondent is brother of the testator and apparently his natural heir. At the original trial a number of documents purporting to be wills of the testator were produced, some alleged to have been signed or thumb-printed by the testator and a number of other signatories to the documents.  The trial magistrate found as a fact that the documents were missing the required witnesses’ signatures.

            Held: (1) “For a court to interfere with the natural ‘run’ of inheritance would require very explicit and incontrovertible evidence, for the claims of consanguinity cannot lightly or easily be disregarded.” (2) Clause 34 of Government Notice 436 of 1963 requires that the testator must declare specifically in writing his intentions and reasons for disinheriting his heir-at-law. Appeal dismissed.