Sulia Ayoola & Ors. V. Muritala Folawiyo & Ors (1942)
LawGlobal Hub Judgment Report – West African Court of Appeal
Will—Claim for account—Amendment of claim—Construction— SupremeMeaning of ” Mohammedan Law or Custom relating to Court. distribution “—Interpretation of Will governed by local Mohammedan custom—Case remitted for evidence thereof.
Facts
The claim which in the Court below was for an account was amended on appeal to one for a declaration that the plaintiffs are entitled to a share in future rents and profits. In the Court below the question what law governed the distribution was argued and the Judge decided that it must be governed by Mohammedan law and that the law to be applied was Sunni lair.
Held
That the interpretation of the Will is to be governed by local Mohammedan custom and that in the absence of evidence as to what that is, the case must be remitted to the Court below for additional evidence to be taken.
It is ordered that the costs of both parties in this Court be paid out of the estate, the appellants, being assessed at thirty guineas and the respondents, at seventeen guineas.
