FATMA BINTI HAFIDH Vs. ADMINISTRATOR GENERAL, ZANZIBAR PROTECTORATE

JUDGEMENT

(1.) This is an appeal from a judgment of the Court of Appeal for Eastern Africa dated 5 October 1946 which reversed the judgment of the High Court of Zanzibar given in favour of the appellant and dismissed her action with costs.

(2.) The appellant claimed that she was the daughter of Hafidh bin Muhammad el-Busaidi (hereinafter called Hafidh) and of his slave concubine Panya and as such, under the law of the Ibadhi sect of which her parents were members, to be entitled to her share of her father's estate.

(3.) Her mother was originally the slave of Hafidh's mother, Binti Juma, and was said to have been given by her as a slave concubine or "suria" to her son.