Wakilii

The Ex-Officio Agent of the Public Trustees v Fathil (C.A. 10-1930 (Msa.).)

East African Court of Appeal · [1930] EACA 127 · 1930 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from the Liwali's Court at Lamu against a decree for payment of copra price
Decision
Decree of the Liwali's Court at Lamu upheld requiring payment of forty frasilas of copra or its market value of Sh. 240

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Under Sheria law, a Bai Salami contract (sale of a definite article for cash with delivery after a certain period) cannot be fulfilled by mere repayment of the sum paid. The purchaser is entitled to receive the article itself or its market value. The appeal was dismissed and the decree for payment of forty frasilas of copra at market value upheld.

Outcome

Decree of the Liwali's Court at Lamu upheld requiring payment of forty frasilas of copra or its market value of Sh. 240

Facts

The respondent sued in the Liwali's Court at Lamu to recover Sh. 240, being the price of forty frasilas of copra at the market rate of Sh. 6 per frasila. The claim was based on two documents evidencing a Bai Salami transaction whereby the deceased Hamed Bin Lali had sold copra to the respondent for cash, to be delivered at a future date. The appellant, as administrator of the deceased's estate, contended that liability was limited to refunding the original sum paid of Sh. 160. The Liwali gave judgment for the respondent for forty frasilas of copra and costs. Neither party appeared at the appeal hearing, and the matter was dealt with on written statements in accordance with local practice.

Issues

  1. Whether under Sheria (Bai Salami) a contract for sale of a definite article for cash to be delivered after a certain period can be fulfilled by repayment of the sum paid, or whether the purchaser is entitled to receive the article itself or its market value.

Orders

  • Appeal dismissed.
  • Costs awarded to the respondent.

Rules and key headnotes

Contract Law — Bai Salami — Sale of Definite Article for Cash with Future Delivery
Under Sheria law, a Bai Salami contract (the sale of a definite article for cash on the understanding that the article will be delivered after a certain period) cannot be fulfilled by repayment of the sum paid; the purchaser is entitled to receive the article itself or its market value.
Contract Law — Bai Salami — Requirements for Validity
Bai Salami transactions should be recorded or made in the presence of witnesses, and on expiry of the agreed period the article sold should be delivered.
Administrative Law — Ex-Officio Agent — Seeking Advice from Kathi
An ex-officio agent dealing with matters relating to Mohammedan law may properly seek advice from a Kathi, but the manner of inquiry should not have the appearance of being a trial; the Kathi's decision under such circumstances is no different to an opinion given by counsel and does not constitute a binding judicial determination.

Full judgment

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

The Ex-Officio Agent of the Public Trustees v Fathil (C.A. 10-1930 (Msa.).) [1930] EACA 127 (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.