Mathes Appu vs Habibu Marikar – clr volume 2 page 046

In the case between the minor children of Mohotti (represented by a guardian ad litem) and the purchaser who acquired title under a mortgage suit, the court addressed the validity of a fiscal conveyance that did not properly include the interests of minor heirs. It was determined that the minor children’s inherited rights could not be bound by a default judgment in the mortgage suit given the absence of a guardian ad litem representing them. The holding reaffirmed the principle that lawful succession under Roman Dutch Law mandates an equal division of the estate between the widow and children, and any transfer by fiscal conveyance could only affect the widow’s share. Reliance was placed on succession laws and procedural requirements for representing minors, underscoring that children’s pro