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Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024)
Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
Succession and customary land – validity of will under DEWIPA – DEWIPA prevails over customary law on inheritance – customary law is a question of fact requiring proof under section 64 Courts Act – proof required before land can be treated as attached to chieftaincy – Magistrate court jurisdiction and remedies for property loss.
Judgment
18 March 2024
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