Deusdedit Kashaga v. Bi. Baite Rwabigene, (PC) Civ. App. 90-M-67, 19/2/68, Mustafa J.

Deusdedit Kashaga v. Bi. Baite Rwabigene, (PC) Civ. App. 90-M-67, 19/2/68, Mustafa J.

The parties both claim a shamba. Plaintiff, a full sister of deceased, claims by way of intestate succession. Defendant, a distant relative of deceased, based his claim on an oral will. Defendant called two witnesses who heard deceased say at a pombe party that she wanted defendant to succeed to her property and another witness who had heard deceased make a similar statement at another time.

            Held: G. N. No. 436/63, Schedule 1, section 11, reads; “An oral will must be witnessed by at least 4 person, at least 2 of whom must be kinsmen and at least 2 unrelated to the testator. The wife or wives of the testator are additional to the minimum of 4 recognized witnesses.” Since this requirement was not complied with, the allege oral will has not been proven. Plaintiff is entitled to the shamba by intestate succession.