Uganda Case Law

Subhi v Miskiria

Subhi v Miskiria (Civil Appeal No. 88 of 1954) [1955] EACA 302 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 88 of 1954

Judge

Nihill P, O'Connor CJ, Worley VP

The court held that the appellant had no right, title, or interest in Shamba Ndagaa because the alleged sale to his mother was never completed by registered conveyance, as required by law. Consequently, she could not legally dedicate the property as Wakf. The statutory requirement for registration under the Registration of Documents Decree and the Transfer of Property Decree excluded the application of equitable principles such as those in Walsh v. Lonsdale. The Wakf was therefore invalid, and the respondent's title, based on a court sale and long possession, was upheld. Regarding damages, th…

Source excerpt

• Wakf Property
• Adverse Possession
• Registration Of Documents
• Burden Of Proof
• Damages Quantification

In Re: Application by the Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Commissioners Regulations, 1900 (C.C. 46/1926 (Mombasa Registry).)

In Re: Application by the Wakf Commissioners for the Kenya Protectorats under Section 12 of the Wakf Commissioners Regulations, 1900 (C.C. 46/1926 (Mombasa Registry).) [1927] EACA 47 (1 January 1927)

Court

East African Court of Appeal

Case number

C.C. 46/1926 (Mombasa Registry).

Judge

Pickering J

The court held it had no power under section 13 to recall its sanction, and that Wakf-vested property should be paid to heirs proved by reliable evidence.

• Wakf Property
• Trusteeship
• Unclaimed Property
• Limitation Of Actions
• Wakf-property
• Trusts