Solad Sakander Mohammed & Ors v Sabir Ahmed Ebrahim Daji & Ors

Solad Sakander Mohammed & Ors v Sabir Ahmed Ebrahim Daji & Ors

The objective intention of the donors and lenders was that the funds for Abbey Mills were to be held on trust for the benefit of the London Tablighi Jamaat community, with local trustees, and not for the Dewsbury Trust. The Judge's findings were justified on the evidence and there was no error warranting appellate intervention.

Parties
Claimant/respondent: Solad Sakander Mohammed; Claimant/respondent: Ibrahim Ahmed Shaikh; Claimant/respondent: Molvi Noorul Haque; Defendant/appellant: Sabir Ahmed Ebrahim Daji; Defendant/appellant: Mohammed Ishaq Chaudhry; Defendant/appellant: Awlad Ali; Defendant/appellant: Mushtaq Mohammed; Defendant/appellant: Hisham Hassan Mohamed Shar Lala; Defendant/appellant: Muhammad Anisuz Zaman Chowdhury; Defendant/appellant: Mohammed Hayat Khan; Defendant/appellant: Suhel Abdul Samad Bholat; Defendant/appellant: Yusuf Mohamed Seedat; Defendant/appellant: Abdul Malik; Defendant/appellant: Usman Abdullah Munshi
Jurisdiction
England and Wales
Judgment Date
21 October 2024
Procedural Posture
Civil Appeal / Appeal From High Court (business and Property Courts, Chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Charitable Trusts, Implied Trusts, Trust Deeds, Beneficial Ownership, Donor Intention, Trustee Appointment
Trusts and Equity Charity Law Property Law Charitable Trusts Implied Trusts Trust Deeds Beneficial Ownership Donor Intention +1 more

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Parties

Solad Sakander Mohammed

Claimant/respondent

Ibrahim Ahmed Shaikh

Claimant/respondent

Molvi Noorul Haque

Claimant/respondent

Sabir Ahmed Ebrahim Daji

Defendant/appellant

Mohammed Ishaq Chaudhry

Defendant/appellant

Awlad Ali

Defendant/appellant

Mushtaq Mohammed

Defendant/appellant

Hisham Hassan Mohamed Shar Lala

Defendant/appellant

Muhammad Anisuz Zaman Chowdhury

Defendant/appellant

Mohammed Hayat Khan

Defendant/appellant

Suhel Abdul Samad Bholat

Defendant/appellant

Yusuf Mohamed Seedat

Defendant/appellant

Abdul Malik

Defendant/appellant

Usman Abdullah Munshi

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (business and Property Courts, Chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether Abbey Mills is held on trust for the Dewsbury Trust or the London Trust
  2. 2 Whether the funds raised for Abbey Mills were intended for the Dewsbury Trust or a separate London trust
  3. 3 Whether the trial judge erred in findings of fact regarding donor intention and trust constitution

Ratio Decidendi

The objective intention of the donors and lenders was that the funds for Abbey Mills were to be held on trust for the benefit of the London Tablighi Jamaat community, with local trustees, and not for the Dewsbury Trust. The Judge's findings were justified on the evidence and there was no error warranting appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Abbey Mills is held on the trusts of the London Trust Deed.