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Uganda: The Law of Succession in Uganda An Unreported Case

Published online by Cambridge University Press:  28 July 2009

Abstract

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Type
Cases
Copyright
Copyright © School of Oriental and African Studies 1963

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References

page 201 note 1 In The Estate of Cookman Mugnal Imam Din (Deceased), Administration Cause No. 36 of 1949.

page 201 note 2 Now Sir John Ainley, Chief Justice of Kenya.

page 202 note 1 Pages 150 et seq.

page 202 note 2 I.e., again, English law, in the case of those domiciled in the Protectorate.

page 203 note 1 See above.

page 203 note 2 I. e., what remains of the estate after the payment of debts.

page 203 note 3 This is the Mālikī view, with which some Shāfi'īs agree.

page 203 note 4 And this consent, in the Sunnī doctrine, is only effective if given after the death of the testator.

page 204 note 1 (1920), 3 U.L.R. 26.

page 205 note 1 Or, indeed, Article 38 of the Africa Order in Council of 1889, which Article he thought “may not have been abrogated by Article 38 of the 1902 Order”.

page 205 note 2 Civil Appeal No. 41 of 1954; [1957] J.A.L. 58.

page 205 note 3 I.e., one of divorce under Ismā'īlī law applicable in Tanganyika.

page 205 note 4 To Art. 17 (2) of the Tanganyika Order in Council, 1920. This is almost identical with the proviso to Art. 15 (2) of the Uganda Order in Council, 1902 (above).