Bakhshuwen and Another v Mohamed
Bakhshuwen and Another v Mohamed (Civil Appeal No. 33 of 1948) [1949] EACA 3 (1 January 1949)
The Court of Appeal held that the wakfs created by the respondent, which provided for the benefit of his daughters and their descendants in perpetuity with an ultimate gift to mosques, are invalid under the law applicable in Kenya. The Court found that the principles governing the validity of such wakfs are the same across the Shafi, Hanafi, and Ibathi schools of Mohammedan law, and that the binding authority of the Privy Council decision in Abul Fata Mohamed Ishak v. Russomoy Dhur Chowdhry precludes the recognition of such wakfs as valid. The Court further held that subsequent validating leg…
Source excerpt
- Wakf Validity
- Mohammedan Law Application
- Perpetuity In Trusts
- Personal Status
- Judicial Precedent
- Customary Law