[1929] EACA 111

[1929] EACA 111

The court found that under Mohammedan law, as applicable by the relevant ordinances and statutes, an oral will is valid if made in the presence of two witnesses. In this case, the testimony of a reputable doctor, supported by other witnesses, was sufficient to prove both the making and the contents of the oral will of Faiz Khan. The court was satisfied that the doctor's evidence was credible and untainted by personal interest or motive, unlike some of the other witnesses. The court further held that it was justified in accepting the evidence of the reputable witness even where it differed from that of others. Accordingly, the oral will was admitted to probate in solemn form, and probate...

Citation
[1929] EACA 111
Parties
Applicant: Sardar Khan; Respondent: Gulam Fatima
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1929
Case Number
P. & A. Cause 6/1929 (Nakuru).
Procedural Posture
Probate and Administration / Application for Probate in Solemn Form
Outcome
Application granted. Oral will proved in solemn form. Probate granted to applicant. Costs to come out of the estate.
Judges
Thomas, J. (Kenya)
Legal Topics
Mohammedan Succession, Oral Wills, Probate Grant, Executor Appointment
Source Language
English
Family and Children Mohammedan Succession Oral Wills Probate Grant Executor Appointment

Case Brief

Summary, issues, holding and outcome

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Parties

Sardar Khan

Applicant

Gulam Fatima

Respondent

Procedural Posture

Probate and Administration / Application for Probate in Solemn Form

Legal Issues

  1. 1 Whether an oral will can be validly made by a Mohammedan under the applicable law.
  2. 2 Whether the oral will of Faiz Khan was proved in solemn form and its contents established.
  3. 3 Whether the applicant is entitled to probate as executor under the oral will.

Ratio Decidendi

The court found that under Mohammedan law, as applicable by the relevant ordinances and statutes, an oral will is valid if made in the presence of two witnesses. In this case, the testimony of a reputable doctor, supported by other witnesses, was sufficient to prove both the making and the contents of the oral will of Faiz Khan. The court was satisfied that the doctor's evidence was credible and untainted by personal interest or motive, unlike some of the other witnesses. The court further held that it was justified in accepting the evidence of the reputable witness even where it differed from that of others. Accordingly, the oral will was admitted to probate in solemn form, and probate...

Court Disposition

Application granted. Oral will proved in solemn form. Probate granted to applicant. Costs to come out of the estate.

Orders

  • Oral will of Faiz Khan proved in solemn form.
  • Probate granted to Sardar Khan as executor.