Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Comissioners Regulation
Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Comissioners Regulation (Civil Case No. 46 of 1926) [1928] EACA 4 (1 January 1928)
Once the court has sanctioned the delivery of property to the Wakf Commissioners under Section 13 of the Ordinance, the property vests in the Commissioners, primarily in trust for the lawful owners and secondarily for all locally resident Mohammedans. The retention of such property by the Commissioners can only be challenged by a judgment in a suit. Limitation periods under local declarations may bar claimants from seeking court assistance, but do not deprive them of ownership. Trustees (the Commissioners) are expected to pay over funds to claimants whose rights are established by reliable ev…
Source excerpt
- Trust Property Vesting
- Limitation Of Claims
- Unclaimed Property
- Trustee Duties