Wakf Commisioner of the Colony and Protectorate of Kenya v Nahdi
Wakf Commisioner of the Colony and Protectorate of Kenya v Nahdi (Civil Appeal No. 67 of 1950) [1951] EACA 86 (1 January 1951)
The court held that, although Mahommedan law in certain circumstances recognizes separate ownership of house and land, the express provisions of the Land Titles Ordinance, which defines immovable property to include land and things attached to the earth, oust Mahommedan law in this context. The certificate of ownership is conclusive as to both land and buildings, and the absence of any memorandum to the contrary means the house cannot be disposed of separately from the land. The testatrix's intention to create a Wakf over the house alone, without the land, is therefore invalid under the statu…
Source excerpt
- Testamentary Disposition
- Wakf Charitable Trusts
- Ownership Of Immovable Property
- Application Of Mahommedan Law
- Statutory Override
- Intestacy