19920228 TZCA Dar es Salaam

19920228 TZCA Dar es Salaam

Where there is a residuary heir, nothing devolves upon distant kindred; doctrine of representation is alien to Islamic intestacy; proximity principle governs succession within classes of heirs.

Citation
19920228 TZCA Dar es Salaam
Parties
Appellant: Sofia Said; Appellant: Yusuf Mohamed Mussa; Respondent: Awadh Ahmed Abeid; Respondent: Mohamed Ussi; Respondent: Saidi Mohamed Harriz; Respondent: Shaban Abdul
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 February 1992
Procedural Posture
Civil Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Intestate Succession, Islamic Inheritance, Agnate and Uterine Heirs, Doctrine of Representation
Source Language
English
Succession Family Law Islamic Law Intestate Succession Islamic Inheritance Agnate and Uterine Heirs Doctrine of Representation

Case Brief

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Parties

Sofia Said

Appellant

Yusuf Mohamed Mussa

Appellant

Awadh Ahmed Abeid

Respondent

Mohamed Ussi

Respondent

Saidi Mohamed Harriz

Respondent

Shaban Abdul

Respondent

Procedural Posture

Civil Appeal / Second Appeal

Legal Issues

  1. 1 Whether uterine heirs may inherit alongside agnate heirs under Islamic law
  2. 2 Whether proximity to the deceased affects entitlement to inheritance
  3. 3 Whether doctrine of representation applies in Islamic intestacy

Ratio Decidendi

Where there is a residuary heir, nothing devolves upon distant kindred; doctrine of representation is alien to Islamic intestacy; proximity principle governs succession within classes of heirs.

Court Disposition

appeal allowed

Orders

  • Costs awarded to appellants, payable by third respondent Mohamed Ussi alone.
  • Joinder of first, second, and fourth respondents found improper.