Enus Ali & Anor v Muhammad Modu Miah & Anor

Enus Ali & Anor v Muhammad Modu Miah & Anor

The trust instrument did not express a contrary intention sufficient to oust the statutory power under s36 Trustee Act 1925. The judge was entitled to find the appellants unfit to act as trustees based on their conduct in giving evidence found to be untrue and contrary to the interests of the trust.

Parties
Appellant: Enus Ali; Appellant: Mohammed Abdul Wahid; Respondent: Muhammad Modu Miah; Respondent: Monshur Bari
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Chancery Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Removal and Appointment of Trustees, Interpretation of Trust Instruments, Application of Trustee Act 1925, Unfitness of Trustees
Trusts and Equity Charity Law Removal and Appointment of Trustees Interpretation of Trust Instruments Application of Trustee Act 1925 Unfitness of Trustees

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Parties

Enus Ali

Appellant

Mohammed Abdul Wahid

Appellant

Muhammad Modu Miah

Respondent

Monshur Bari

Respondent

Procedural Posture

Chancery Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether s36 Trustee Act 1925 power to remove and appoint trustees was ousted by the trust instrument
  2. 2 Whether the judge was entitled to find the appellants 'unfit' to act as trustees under s36 Trustee Act 1925

Ratio Decidendi

The trust instrument did not express a contrary intention sufficient to oust the statutory power under s36 Trustee Act 1925. The judge was entitled to find the appellants unfit to act as trustees based on their conduct in giving evidence found to be untrue and contrary to the interests of the trust.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.