William Charles Fryda v Assumption Sisters of Nairobi Registered Trustees & another [2017] KEELC 1608 (KLR)
- Court
- Environment & Land Court
- Case number
- 1608
- Citation
- [2017] KEELC 1608 (KLR)
The properties are not held in trust for Dr. Fryda and are transferred to St. Mary's Mission Hospital under a charitable trust.
Facts
Dr. William Charles Fryda purchased two properties in Langata and one in Elementaita and Sagana. He registered St. Mary's Mission Hospital as a limited liability company and agreed to transfer the properties to the company in exchange for a hospital. Regina Pacis University College also filed a suit for possession of the properties.
Issues
- Ownership of the properties
- Charitable trust vs. absolute ownership
Reasoning
The court found that the properties were registered in the name of the Assumption Sisters of Nairobi Registered Trustees, and the charitable purpose of providing healthcare to the poor was still alive. The cy-pres doctrine was not applicable.
Outcome
The properties are transferred to St. Mary's Mission Hospital and will be managed by the company under a charitable trust.
Orders
- Properties transferred to St. Mary's Mission Hospital
- Management of hospitals with the company
- No claim by Regina Pacis University
Remedies
- Transfer of properties to the company
- Management of hospitals by the company
Authorities cited
Legislation (1)
- Constitution of Kenya, 2010
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