Wakilii

Keatinge v Salim and Others (C.C. 8-1930 (Msa.).)

East African Court of Appeal · [1930] EACA 74 · 1930 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for grant of Letters of Administration with will and codicil annexed
Decision
Letters of Administration with will annexed granted; codicil not admitted to probate

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that under Mohammedan law, an oral codicil requires two witnesses, but in their absence the codicil would be valid if approved by the heirs. The will and codicil together must not dispose of more than one-third of the estate. A Wakf that entirely deprives heirs is invalid but does not invalidate the entire will. Gifts for charitable purposes are valid even when the exact charitable object is not specified. The Court has power to set aside a renunciation. Letters of Administration with the will annexed were granted.

Outcome

Letters of Administration with will annexed granted; codicil not admitted to probate

Facts

Sheikh Seif Bin Salim Bin Khalfan, Liwali of Lamu, was brought to Mombasa Native Hospital on 16 August 1928 suffering from gangrene caused by diabetes. On 24 August 1928, while in hospital, he executed a will. The same day he gave oral instructions for a codicil to Hamed M'Barak, who was the only person present. The testator died on 28 August 1928 before the codicil could be brought back for signature. The public trustee sought Letters of Administration with will and codicil annexed. The first defendant challenged the validity of the will and codicil, disputed certain bequests including a 300,000 shilling charitable bequest and a 10,000 shilling bequest for prayers, and questioned whether bequests exceeded one-third of the estate. Medical evidence confirmed the testator was mentally competent throughout his hospital stay until the last day.

Issues

  1. Whether an oral codicil to a will is valid under Mohammedan law in the absence of two witnesses.
  2. Whether a will containing a Wakf that deprives heirs entirely is valid.
  3. Whether gifts for charitable purposes are valid when the exact object of charity is not specified.
  4. Whether the Court has power to set aside a renunciation.
  5. Whether the will and codicil together dispose of more than one-third of the estate.

Orders

  • Letters of Administration with the will annexed granted to the plaintiff.
  • Codicil declared invalid for want of two witnesses and approval by heirs.
  • Certain bequests to be considered when accounts are presented.
  • Any order necessitated by this judgment to be drawn up formally.

Rules and key headnotes

Mohammedan Law — Oral Codicil — Requirement of Two Witnesses
Under Mohammedan law, an oral codicil to a will requires two witnesses, but in the absence of two witnesses the codicil will be valid if approved by the heirs.
Mohammedan Law — Testamentary Disposition — One-Third Rule
A will and codicil together must not dispose of more than one-third of the estate under Mohammedan law.
Mohammedan Law — Wakf — Validity When Depriving Heirs
A Wakf which deprives the heirs entirely is invalid under Mohammedan law, but such invalidity does not invalidate the whole will.
Mohammedan Law — Charitable Gifts — Specification of Object
Gifts for charitable purposes are valid under Mohammedan law even though the exact object of the charity is not mentioned in the will.
Court Powers — Renunciation — Power to Set Aside
The Court has power to set aside a renunciation of rights under a will.

Cases cited (1)

  • Juli Bibi (1906) 28 All 715

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Keatinge v Salim and Others (C.C. 8-1930 (Msa.).) [1930] EACA 74 (1 January 1930)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.