Musa s/o Makono v. Rehema d/o Hassani, (PC) Civ. App. 106-D-66, 31/5/67, Georges, C.J

Musa s/o Makono v. Rehema d/o Hassani, (PC) Civ. App. 106-D-66, 31/5/67, Georges, C.J

Appellant was the uncle of respondent, and executor of her father’s estate. The parties are Wagoni by tribe and Muslim by religion. Appellant’s defence to respondent’s action for her share of the estate was that the respondent had not treated him as an uncle, as she should have done, and therefore she had forfeited her right to a share of her father estate. Appellant conceded that he had no cause of  action If Ngoni law was applicable.

Held: Ngoni law should be applied here. “There is nothing in the circumstances of this case to show that the parties intended their religious law to apply as their personal law rather than their tribal law.” The trial court’s award of damages to respondent (with a minor adjustment was affirmed.