Shah & 6 others v Seif & 2 others (As Trusttees of WAKF of Seif Bin Salim) (Environment & Land Case E006 of 2024) [2024] KEELC 6335 (KLR) (2 October 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6335
- Citation
- [2024] KEELC 6335 (KLR)
- Decided
- 2 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramSM KIBUNJA
Holding
The plaintiffs' suit against the deceased trustees is null and void, and the suit is struck out.
Facts
The plaintiffs sued the defendants, who were trustees of the Wakf of Seif Bin Salim, for quiet possession of land parcel Mombasa/Block XX/179. The defendants argued that the plaintiffs sued deceased trustees and the suit was therefore null and void.
Issues
- Whether the suit against deceased trustees is valid
- Whether the Wakf can be sued in its name
Reasoning
The court held that a suit against deceased trustees is a nullity and cannot be amended, as the Wakf is not a legal person and cannot be sued in its name.
Outcome
The plaintiffs' suit is struck out.
Orders
- The plaintiffs' suit against the defendants be struck out
Authorities cited
Legislation (3)
- Civil Procedure Act
- Wakf Commissioners Act
- Waqf Act No. 8 of 2022
Cases cited (1)
- Viktar Maina Ngunjiri & 4 Others v Attorney General & 6 others [2018] eKLR
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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