Fatimah v Logan. Fatimah PDF

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Fatimah v Logan (1871) 1 Ky 621 FactsIt was argued that since Sultan Kedah didn’t rule Penang so English law is the lex loci of Penang. Then, the plaintiff wanted to obtain a decree from court to declare the deceased died intestate.IssueWhether the legitimacy of will of the deceased that was Muslim ...

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1) Fatimah v Logan (1871) 1 Ky 621 Facts It was argued that since Sultan Kedah didn’t rule Penang so English law is the lex loci of Penang. Then, the plaintiff wanted to obtain a decree from court to declare the deceased died intestate.

Issue Whether the legitimacy of will of the deceased that was Muslim to be determined according to English Common Law or Islamic Law.

Held The court held that the lex loci of Penang was the English common law so the will was determined by English Common Law.

2) Kamoo v Basset Facts The Plaintiff ( native Bengal ) and the defendant ( Lieutenant – Colonel ). P was employed by the defendant as a table – servant in Penang at a salary of $6 per month. Since his employment, he had been severely ill – treated by the defendant. On 20th July 1807, he was whipped 20 times by the defendant’s order. Plaintiff complained to the police Magistrate. The defendant was angered by this, the defendant sent a sepoy to fetch the plaintiff. The defendant whipped him again 20times and subsequently confined him. On 13th November 1807, defendant ordered the Plaintiff to be tied up to a stake and had him whipped 100 times for having defamed the defendant to the Magistrate. Not having satisfied with this, the defendant then placed the plaintiff under confinement for two and a half months again.

Issue Plaintiff was dismissed from defendant’s service. Plaintiff filed an action for tort claiming damages for $600. Defendant denied liability.

Held The COJ applies retrospectively to civil injuries and crimes commited before the COJ came into force. The purpose of the COJ is to protect the native inhabitants from oppression and injustice. Verdict for plaintiff $150 with cost since the law might not be so generally known since the case happened before the passing of the COJ....