Hemedi Shemmela v. Amiri Shemmela, (PC) Civ. App. 7-D-67; 14/6/67 Hamlyn, J.

Hemedi Shemmela v. Amiri Shemmela, (PC) Civ. App. 7-D-67; 14/6/67 Hamlyn, J.

Appellant and respondent are each sons of the deceased and claim a share in his estate. Appellant is the natural child of deceased, but his mother was inherited by deceased when her first husband died. Respondent claimed that because appellant is the son of an inherited wife, he should not share in the estate.

            Held: Samba law is unclear on this issue, but the Court, upholding the court below, held that even if appellant’s mother were an inherited wife, that did not affect his right to a share in the estate. (Local Customary Law (Declaration) Order, 1963, Rule 64.) Therefore, he should share in the estate on the same basis as the other claimants.