Human Rights of Women
The Nigerian Court of Appeal will in October make a ruling that could determine whether a disputed property ownership should be resolved by Sharia Law or according to the new constitution.
Court of Appeal judges Samuel Bosire, Onyango Otieno and Alnasir Visram ruled that the judgment of the case filed by a man challenged a will by his cousin, entitling his childless widow to all his assets, will be made on October 28.
The case yesterday went for full hearing after the appellate judges consulted over the issue.
In the suit, Saifudan Mohammed Ali Noorbhai is challenging a will by his cousin Abde Hussein Ibrahim, which saw him giving his childless widow his property.
Sharia law gives wife only a third of property
Mohammed wants the court to rule according to Sharia law, that entitles the woman, Shehnaz Abde Hussein, who is represented by lawyers AB Shah and Vincent Omollo, to only a third of all her husband’s property.
Through his lawyer Samson Okongo, Mohammed says the move by his cousin was against the Sharia law, and wants the appellate judges to declare that three quarter of the property belongs to him since he is the only blood relative of the deceased.
Yesterday, Okongo informed the court that the cousin was entitled to get a bigger share of the property, being his only close blood relative.
But the widow’s lawyers argued that a Muslim is free to give out his property by will, to whoever he wishes.
Nine properties at stake
The parties are fighting over nine properties worth millions of shillings, which were left by Hussein when he died in October 27 1994.
“When he died, he left a will in which he gave all his assets to his wife, then she applied for a grant of probate and was granted by the High Court,” said Okongo.
The cousin went to seek revocation and challenged the will on the grounds that, as a Muslim, the wife was only entitled to a quarter of the property.
Justice Joyce Khaminwa had dismissed the earlier application.
