Wakf Commissioners v Mohamed Bin Umeya Bin Abdulmaji Bin Mwijabu [1984] KECA 45 (KLR)
- Court
- Court of Appeal
- Case number
- 45
- Citation
- [1984] KECA 45 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court at Mombasa, Bhandari JCoramHancox JA, Kneller JA, Nyarangi Ag JA, Schofield Ag JA
Holding
The appeal is allowed with costs, the originating summons is dismissed, and the appellant is ordered to pay the respondents' costs up to May 3, 1983.
Facts
Two respondents, descendants of the deceased Mkisi Binti Muidani, filed an originating summons in July 1977 seeking to vest property in the Wakf Commissioners. The proceedings were later recommenced due to a procedural issue.
Issues
- Whether the issues raised in the originating summons were suitable to be tried by the form of procedure used.
- Whether the appellant (Wakf Commissioners) should be ordered to pay the respondents' costs in the High Court up to May 3, 1983.
Reasoning
The court ruled that the issues raised in the originating summons were not suitable to be tried by the form of procedure used, and the appellant should be ordered to pay the respondents' costs.
Outcome
Appeal allowed
Orders
- The originating summons is dismissed
- The appellant is ordered to pay the respondents' costs up to May 3, 1983
Authorities cited
Legislation (2)
- Wakf Commissioners Act (cap 109)
- Civil Procedure Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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