Mohammed & Ors v Daji & Ors [2024] EWCA Civ 1247 (21 October 2024)

Mohammed & Ors v Daji & Ors [2024] EWCA Civ 1247 (21 October 2024)

The objective intention of donors and lenders was that Abbey Mills be held on trust for the London community, not the Dewsbury Trust. The trial judge's findings were supported by the evidence and not plainly wrong. The appeal is dismissed.

Citation
[2024] EWCA Civ 1247
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 to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Charitable Trusts, Purpose Trusts, Implied Authority to Declare Trusts, Ownership of Charity Property, Donor Intention, Findings of Fact on Appeal
Charity Law Trusts Law Property Law Charitable Trusts Purpose Trusts Implied Authority to Declare Trusts Ownership of Charity Property 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 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 intention of donors/lenders was for Abbey Mills to be held on Dewsbury or London trusts
  3. 3 Whether the trial judge's findings of fact were plainly wrong or unsupported by evidence

Ratio Decidendi

The objective intention of donors and lenders was that Abbey Mills be held on trust for the London community, not the Dewsbury Trust. The trial judge's findings were supported by the evidence and not plainly wrong. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Abbey Mills is held on the trusts of the London Trust Deed dated 5 November 1996.
  • No order for transfer to Dewsbury Trust.