Southampton City Council v Southampton Medina Mosque Trust Ltd & Ors [2010] EWHC 2376 (Ch) (05 October 2010)

Southampton City Council v Southampton Medina Mosque Trust Ltd & Ors [2010] EWHC 2376 (Ch) (05 October 2010)

The benefit of the Building Agreement and the right to the land are held on trust for the unincorporated association known as the Southampton Medina Mosque Trust, as constituted by the relevant community and committee, and not for the Company (Southampton Medina Mosque Trust Limited). The proper trustees are those appointed by the community and committee in accordance with the informal practices and meetings as found by the court.

Citation
[2010] EWHC 2376 (Ch)
Parties
Claimant: Southampton City Council; First Defendant: Southampton Medina Mosque Trust Limited; Second Defendant: Mohammed Aslam; Third Defendant: Afzal Deader; Fourth Defendant: Mohammed Ashraf; Fifth Defendant: Mohammed Abdullah; Sixth Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
05 October 2010
Procedural Posture
Chancery Division, Part 8 Claim / Judgment After Trial
Outcome
Declaration as to beneficial ownership and direction for conveyance to the proper trustees of the Southampton Medina Mosque Trust.
Legal Topics
Ownership of Charitable Property, Trustee Appointment and Removal, Unincorporated Associations, Building Agreements, Charity Governance
Charity Law Trusts Property Law Ownership of Charitable Property Trustee Appointment and Removal Unincorporated Associations Building Agreements Charity Governance

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Parties

Southampton City Council

Claimant

Southampton Medina Mosque Trust Limited

First Defendant

Mohammed Aslam

Second Defendant

Afzal Deader

Third Defendant

Mohammed Ashraf

Fourth Defendant

Mohammed Abdullah

Fifth Defendant

The Attorney General

Sixth Defendant

Procedural Posture

Chancery Division, Part 8 Claim / Judgment After Trial

Legal Issues

  1. 1 Who is entitled to the ownership and management of the Medina Mosque in Southampton?
  2. 2 Who are the proper trustees entitled to the benefit of the Building Agreement and the land?
  3. 3 Was the Southampton Medina Mosque Trust validly constituted and who are its trustees?

Ratio Decidendi

The benefit of the Building Agreement and the right to the land are held on trust for the unincorporated association known as the Southampton Medina Mosque Trust, as constituted by the relevant community and committee, and not for the Company (Southampton Medina Mosque Trust Limited). The proper trustees are those appointed by the community and committee in accordance with the informal practices and meetings as found by the court.

Court Disposition

Declaration as to beneficial ownership and direction for conveyance to the proper trustees of the Southampton Medina Mosque Trust.

Orders

  • The City Council is to convey the mosque land to the trustees of the Southampton Medina Mosque Trust as identified by the court.
  • The Company (First Defendant) is not entitled to the benefit of the Building Agreement or the land.