El-Riami and Others v Wakf Commissioners, Zanzibar
El-Riami and Others v Wakf Commissioners, Zanzibar (Civil Appeal No. 1 of 1946) [1946] EACA 7 (1 January 1946)
The court held that although a wakf can be constituted by will, the terms of the will in question made the ultimate benefit to the poor Muslims of the Ibathi sect so remote and uncertain as to be illusory. The property was first dedicated to the testatrix's children, grandchildren, and their posterity, then to her near relatives, and only after their extinction to the poor. The likelihood of the poor ever receiving any benefit was so remote that the wakf failed for uncertainty and remoteness. Consequently, the wakf was declared void and of no effect, and the property was held to form part of…
Source excerpt
- Wakf Validity
- Testamentary Dispositions
- Illusory Gift
- Inheritance Rights