Munir Abubakar Masoud v Ali Abdalla Salim & 2 others (As Trustees of the Tawheed Girls Secondary School Trust) [2021] KECA 1078 (KLR)
- Court
- Court of Appeal
- Case number
- 1078
- Citation
- [2021] KECA 1078 (KLR)
The trial Judge found that the respondents are the legitimate trustees of the school trust and that the respondents are holding the suit property as trustees of the school.
Facts
The dispute involves the management and ownership of Tawheed Girls Secondary School and its land (LR No. 8604). The appellant, Abubakar Masoud, was the founder and sponsor of the Tawheed Muslim Association, which is the trustee of the school trust. The respondents, Ali Abdalla Salim, Ali Yislam Ali Bashamkh, and Mohamed Salim Ahmed, are also trustees of the school trust.
Issues
- Whether Abubakar Masoud and Munir Abubakar Masoud have equitable rights and interests in the school trust.
- If so, who are the legitimate trustees of the school trust.
- Whether Abubakar Masoud and Munir Abubakar Masoud should be restrained from interfering with the school's management.
Reasoning
The trial Judge considered the evidence and found no evidence that the Association ever owned the suit property or developed the school. The respondents were holding the property as trustees of the school.
Outcome
The appeal was dismissed, and the respondents’ amended originating summons was allowed.
Orders
- The trial Judge dismissed the appellant’s amended counterclaim.
- The trial Judge allowed the respondents’ amended originating summons.
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