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Bi Bagonza d/o Kasindo v. Raphael Kasindo, (PC) Civ. App. 38-M-67, 17/5/68, Seaton J.



Bi Bagonza d/o Kasindo v. Raphael Kasindo, (PC) Civ. App. 38-M-67, 17/5/68, Seaton J.

Plaintiff, a daughter of deceased, sued defendant, her elder son, for a share in deceased’s estate. She based her claim on the fact that she was a daughter, that she cared for her father and that she was the beneficiary of an been distributed.

            Held: (1) The suit was premature. The head of the clan is entitled to distribute the estate. After he has done so she may file a suit if she has a grievance at that time. (2) The Court stated, obiter: An oral will naming plaintiff sole heiress of his immovable property would not necessarily be given effect for the reasons set out in the Law of Wills [G.N. 436/63, applied to the jurisdiction of the Buhaya District Council by G. N. 605/63]. Plaintiff’s appeal dismissed. 

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