Shabani v. Sofia (PC) Civ. App.27-A-70; -/11/70; Kwikima Ag. J.

 

Shabani v. Sofia  (PC) Civ. App.27-A-70;  -/11/70; Kwikima Ag. J.

      The respondent who used to live in concubinage with the appellant’s father sued the appellant for compensation of Shs.9120/= for evicting her from the deceased’s house which she used to occupy in his lifetime.  The Primary Court dismissed the   claim because the respondent and the deceased were Muslims and   according to Islamic law, a concubine has no right to inherit part of       the estate which a legally wedded wife is entitled to.  Even under Chagga law which could be applicable were the respondent married to the deceased, Chagga widows do not inherit when there are male issues surviving as in this case. The District Magistrate felt that the respondent was entitled to some of the estate after staying with the appellant’s father for 19 years and awarded her a    quarter of the amount claimed.

                  Held:   (1) “With due respect this decision cannot be in accordance with the law. In suing the appellant, the respondent necessarily meant that appellant had wronged her by depriving her part of the inheritance. How could this be if she was not entitled to         any? Both Chagga and Islamic law exclude her from inheriting. According to Chagga law she would not inherit in the presence of the appellant even if she was legally wedded to the deceased.  She could not inherit under Islamic Law either, being only the concubine of the deceased.”  (2)  As this suit is not an administration of deceased’s estates’ matter, the appellant cannot be sued by the respondent. “Compensation” is payable by husbands who divorce their wives or men who forsake their concubines with whom they     have worked together and accumulated some wealth to be shared. In this case the appellant was the son of the man who kept the   respondent as his concubine.  The respondent could not therefore be heard to sue him.   (3) Appeal allowed.