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Uganda decisions
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Alawi v Alawi (Civil Appeal No. 21 of 1953) [1955] EACA 283 (1 January 1955)
The Court of Appeal held that a Kadhi could not apply the law of another school to alter the spouses’ personal status against objection. The appeal was allowed and the suit dismissed.
Bakhshuwen and Another v Mohamed (Civil Appeal No. 33 of 1948) [1949] EACA 3 (1 January 1949)
The Court of Appeal held that the wakfs created by the respondent, which provided for the benefit of his daughters and their descendants in perpetuity with an ultimate gift to mosques, are invalid under the law applicable in Kenya. The Court found that the principles governing the validity of such wakfs are the same across the Shafi, Hanafi, and Ibathi schools of Mohammedan law, and that the binding authority of the Privy Council decision in Abul Fata Mohamed Ishak v. Russomoy Dhur Chowdhry precludes the recognition of such wakfs as valid. The Court further held that subsequent validating leg…
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