Ahmed v Mohamed (Cause No. 9 of 1951) [1952] EACA 318 (1 January 1952)
Court
East African Court of Appeal
Case number
Cause No. 9 of 1951
Judge
Connell J
Custody dispute under Mohammedan law: the court held that the child’s intelligent preference and welfare favored the father’s custody, with maternal visitation preserved.
Beg v Begum and Another (Divorce Cause No. 1 of 1946) [1946] EACA 74 (1 January 1946)
Court
East African Court of Appeal
Case number
Divorce Cause No. 1 of 1946
Judge
Thacker J
On a true construction of the Mohammedan Marriage, Divorce and Succession Ordinance, the right to petition for dissolution of a Mohammedan marriage is restricted to the parties to the marriage, namely the husband and wife. The statutory language in Section 3(1) and 3(2) specifically refers to 'the parties thereto' and 'either party to such marriages,' which excludes any other person, including a guardian or parent. The Court's jurisdiction to hear and determine matrimonial causes is therefore limited to suits instituted by the husband or wife. The inclusion of Section 3(3), which directs the…
Saggaf v Said (Civil Apeal No. 10 of 1942) [1942] EACA 49 (1 January 1942)
Court
East African Court of Appeal
Case number
Civil Apeal No. 10 of 1942
Judge
Thacker J
Appeal allowed from a Kathi’s divorce decree for lack of evidence, denial of an opportunity to show cause, and no valid Mohammedan Law cause of action.
Saburi v Mzee (Civil Appeal No. 17 of 1941) [1942] EACA 44 (1 January 1942)
Court
East African Court of Appeal
Case number
Civil Appeal No. 17 of 1941
Judge
Thacker J
The East African Court of Appeal held that a Muslim mother could sue for her minor daughter's debt under either Shafi or Hanafi law, and dismissed the appeal.
Bakari v Jabiri (C.C. 82/1932 (Mombasa).) [1933] EACA 9 (1 January 1933)
Court
East African Court of Appeal
Case number
C.C. 82/1932 (Mombasa).
Judge
Lucie-Smith, J. (Kenya)
A child custody dispute under Mohammedan law. The court held that where all claimants are disqualified, the child’s interests are paramount and preferred the mother.
Satardin v Mahomed and Another (Criminal Appeal No. 14 of 1928) [1928] EACA 3 (1 January 1928)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 14 of 1928
Judge
Johnson AJ, Pickering CJ, Stephens ACJ
The Court of Appeal held that a betrothal contract arranged by a parent without the direct consent of the daughter is void and unenforceable in Uganda, whether under Mohammedan law or otherwise. The court affirmed that parents have no authority to contract marriage on behalf of their children. Marriage brokerage contracts are void as against public policy, and no rights arise under them. However, the appellant is entitled to sue for the return of presents and money given in contemplation of marriage if the marriage does not take place, but not for moral or intellectual damages or an injunctio…
Diwansap v Kimemeta (Civil Case No. 207 of 1927) [1927] EACA 10 (1 January 1927)
Court
East African Court of Appeal
Case number
Civil Case No. 207 of 1927
Judge
Pickering J
The court held that a wali was entitled to custody of a marriageable Muslim girl, and that the defendant’s maintenance claim did not defeat that right.