JACKSON REUBEN MARO v. HUBERT SEBASTIAN, CIVIL APPEAL NO. 84 of 2004

Abstract

Held: (i) Wills under customary law, that applies to Kilimanjaro Region are governed by Government Notice No.436 of 1963. Since the conditions for making a valid will were not complied with, no valid will was made and therefore the purported will was of no legal effect. (ii) In adverse possession there must be an act or conduct on or relating to the property which is inconsistent and not authorized by the owner. (iii) Enfranchised land shall vest in the person who, immediately before the effective date, Held the land as a tenant under section. 5 of Act 47 of 1968.