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Land And Property [1949] EACA 3

Bakhshuwen and Another v Mohamed

Bakhshuwen and Another v Mohamed (Civil Appeal No. 33 of 1948) [1949] EACA 3 (1 January 1949)

Court
East African Court of Appeal
Case number
Civil Appeal No. 33 of 1948
Judge
Bourke J, Edwards CJ, Nihill P

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
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Family And Children [1946] EACA 7

El-Riami and Others v Wakf Commissioners, Zanzibar

El-Riami and Others v Wakf Commissioners, Zanzibar (Civil Appeal No. 1 of 1946) [1946] EACA 7 (1 January 1946)

Court
East African Court of Appeal
Case number
Civil Appeal No. 1 of 1946
Judge
Graham Paul CJ, Sheridan CJ, Whitley CJ

The court held that although a wakf can be constituted by will, the terms of the will in question made the ultimate benefit to the poor Muslims of the Ibathi sect so remote and uncertain as to be illusory. The property was first dedicated to the testatrix's children, grandchildren, and their posterity, then to her near relatives, and only after their extinction to the poor. The likelihood of the poor ever receiving any benefit was so remote that the wakf failed for uncertainty and remoteness. Consequently, the wakf was declared void and of no effect, and the property was held to form part of…

Source excerpt

  • Wakf Validity
  • Testamentary Dispositions
  • Illusory Gift
  • Inheritance Rights
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Civil Procedure [1934] EACA 7

Mitha v Taufic (C.A. No. 37 of 1934.)

Mitha v Taufic (C.A. No. 37 of 1934.) [1934] EACA 7 (1 January 1934)

Court
East African Court of Appeal
Case number
C.A. No. 37 of 1934.
Judge
Horne J

The court held that the order in objection proceedings under Order 19 r. 55-60 constitutes an adjudication amounting to a decree within the meaning of section 2(4) of the Civil Procedure Ordinance, 1924, and is therefore appealable as of right without leave. The wakf created by the respondent was declared void under Mohammedan Law as it reserved a life interest to the donor and was intended to defeat creditors, given that the respondent had no other assets and was indebted to the appellant at the time of the wakf. Furthermore, the property in question was treated as a chattel, and the instrum…

Source excerpt

  • Objection To Attachment
  • Appealability Of Orders
  • Wakf Validity
  • Fraudulent Conveyance
  • Registration Of Chattels
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.