Held pursuant to the customary law of the haya trible

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Held: Pursuant to the customary law of the Haya trible, in order to revoke a will either its witnesses or a majority of them must be called and informed of the revocation or, should this not be possible, at least ten witnesses must be called to make a valid revocation. (Customary Law of the Hay Tribe, Cory and Hartnool, paragraphs 51 and 52) None of these provisions were complied with and the second will did not super cede the first. 41. Abdulnasul Haji Jooma v. Harnam Singh Bhambra , Civ. App. 3-D-67; 22/2/67; Saidi, J. In an earlier action respondent was ordered to vacate premises which he had leased from appellant. In the present action the trial court ruled that the previous order be stayed for three months to enable respondent to find new premises. Held : Section 151 of the Indian Civil Code gives a court inherent jurisdic- tional over cases not specifically covered by other jurisdictional sections if a denial of hearing would subvert justice. However, the above section is inapplica- ble to the present case since respondent failed to avail himself of other remedies specifically provided (C.P.C. s. 148; Rent Restriction Act, s. 19 (5)). 42.Nanyanje v. Mwanaarafa s/o Mwenyimanzi , Civil App. 263-D-651 15/2/67; Duff,J.
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Appellant claimed that money paid by his wife was not “khului”, or consideration for a divorce, but was a consideration in atonement for her disobedience, known as “kiyamu”. Held : (1) Mohammedan Law recognized as remedies of a husband against a disobedient wife the right to diverse the wife, the right to refuse to main- tain her and the right to institute a civil suit for restitution of conjugal rights. (2) the last of the above remedies, the institution of a civil suit, might occasion a pay- ment to the petitioning husband, but Mohammedan law does not seem to recog- nize any reparatory payment known as “Kiyamu”. (3) The payment in the present case was in consideration for divorce and was not in atonement for disobe- dience. ( 1967) H.C.D. - 10 – 43. Rajabu s/o Marijani v. Hadiji s/o Saidi , Civ. App. 42-D-66; -/2/67; Saidi J. Held: (1) Absolute and permanent dedication of wakf property by the wakf is ne- cessary for an effective wakf. (2) A wakf is conditional and fails if it is only to take effect upon the death of the owner, who continues to utilize and exercise control over the property. (3) If one executes a deed of wakf without the intention to di- vect himself of ownership of the property, but rather to immunize it from claims others might have against him, the deed fails. (4) A wakf is generally to be created by a separate deed rather than by will. 44. Abdallah Abede Tamimu v. Saidi Salum Hekan , Civ. App. 20-D-66; 16/2/67; Hamlyn J. Plaintiff brought actions against three defendants in a plaint which, because it was drafted without the assistance of counsel, failed to delineate a cause of ac- tion. Preliminary objection was made by defendants alleging misjoinder of par- ties, misjoinder of causes of action, and failure to state a cause of action.
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