Mudhihiri Mohammed & 2 others v Ahmed Imani Ali & 4 others [2017] KEELC 1718 (KLR)
- Court
- Environment & Land Court
- Case number
- 1718
- Citation
- [2017] KEELC 1718 (KLR)
- Decided
- 19 September 2017
The Court held that the Suit Property was acquired for the use and benefit of the Muslim community in Pumwani area. The 1st to 3rd Plaintiffs administered and managed the premises on the Suit Property. The 5th Defendant is entitled to an order for the transfer of the Suit Property to itself.
Facts
The Suit Property was acquired for the use and benefit of the Muslim community in Pumwani area. The 1st to 3rd Plaintiffs administered and managed the premises on the Suit Property. The 1st Plaintiff reported threats from the Defendants to invade the Suit Property in 2009.
Issues
- Was the Suit Property acquired for the use and benefit of the Muslim community in Pumwani?
- Were the funds used to construct Ukumbusho Hall on the Suit Property?
- Do the Plaintiffs hold the Suit Property upon a constructive trust for the 5th Defendant?
- Are the Plaintiffs trespassers on the Suit Property?
- Is the 5th Defendant entitled to an order for the transfer of the Suit Property to itself?
- Are the Plaintiffs registered as the owners of the Suit Property on behalf of the Pumwani Muslim Community Centre Association?
Reasoning
The Court found that the Suit Property was acquired for the use and benefit of the Muslim community in Pumwani area. The 1st to 3rd Plaintiffs administered and managed the premises on the Suit Property. The 5th Defendant is entitled to an order for the transfer of the Suit Property to itself.
Outcome
Appeal dismissed
Orders
- The 5th Defendant is entitled to an order for the transfer of the Suit Property to itself.
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