Lord Porter.-

This is an appeal from a judgment of the Court of Appeal for Eastern Africa dated 5th October 1946 which reversed the judgment of the High Court of Zanzibar given in favour of the appellant and dismissed her action with costs.

[2] The appellant claimed that she was the daughter of Hafidh bin Muhammad el-Busaidi (hereinafter called Hafidh) and of his slave concubine Panya and as such, under the law of the Ibadhi sect of which her parents were members, to be entitled to her share of her father's estate.

[3] Her mother was originally the slave of Hafidh's mother, Binti Juma, and was said to have been given by her as a slave concubine or "suria" to her son.

[4] It is common ground that in order to establish such a claim it must be proved, (1) that the mother was given to the father as a concubine and slave, (2) that by reason of the gift the woman given must have ceased to be the slave of the original owner and have become the slave of the man to whom she was given, (3) that she must have been accepted by him as such, (4) that the claimant was the daughter of this union, and (5) that the alleged father must have recognised her as his daughter.

5. The evidence was conflicting u