Mohammed & Ors v Daji & Ors [2023] EWHC 2761 (Ch) (03 November 2023)

Mohammed & Ors v Daji & Ors [2023] EWHC 2761 (Ch) (03 November 2023)

The Abbey Mills land is held on trust for the purposes of the London Trust as declared in the 1996 Trust Deed, reflecting the objective intention of donors to benefit the local Tablighi Jamaat community in London. The evidence does not support the proposition that the funds were raised for the Dewsbury Trust or that...

Source-derived case information.

Citation
[2023] EWHC 2761 (Ch)
Parties
Claimant: Mr Solad Sakandar Mohammed; Claimant: Mr Ibrahim Ahmed Shaikh; Claimant: Mr Molvi Noorul Haque; Defendant: Mr Bostan Mohammed; Defendant: Mr Sabir Ahmed Ebrahim Daji; Defendant: Mr Mohammed Abdul Muqit; Defendant: Mr Mohammed Umair Zulfiqar; Defendant: Mr Mohammed Shaikir Alam; Defendant: Mr Mohammed Zahid Mahmood; Defendant: Mr Yasir Mumtaz; Defendant: Mr Mohammed Esa Mansuri; Defendant: Mr Mehboob Khan; Defendant: Mr Mohammed Ishaq Chaudhry; Defendant: Mr Abdul Mumin Choudhury; Defendant: Abdul Hussein Chaudhury; Defendant: Awlad Ali; Defendant: Zulfiqar Ali; Defendant: His Majesty's Attorney General; Defendant: Mushtaq Mohammed; Defendant: Hisham Hassan Mohamed Shar Lala; Defendant: Muhammad Anisuz Zaman Chowdhury; Defendant: Asif Jawad; Defendant: Mohammed Hayat Khan; Defendant: Suhel Abdul Samad Bholat; Defendant: Yusuf Mohamed Seedat; Defendant: Abdul Malik; Defendant: Usman Abdullah Munshi
Jurisdiction
England and Wales
Judgment Date
03 November 2023
Procedural Posture
Chancery (property, Trusts and Probate) / Final Judgment After Trial
Outcome
Claimants succeed on property and removal claims; cy-près claim not determined.
Legal Topics
Charitable Trusts, Declaration of Trust, Cy Près Doctrine, Trustee Removal, Ownership of Religious Property
Charity Law Trusts Law Property Law Charitable Trusts Declaration of Trust Cy Près Doctrine Trustee Removal Ownership of Religious Property

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Solad Sakandar Mohammed

Claimant

Mr Ibrahim Ahmed Shaikh

Claimant

Mr Molvi Noorul Haque

Claimant

Mr Bostan Mohammed

Defendant

Mr Sabir Ahmed Ebrahim Daji

Defendant

Mr Mohammed Abdul Muqit

Defendant

Mr Mohammed Umair Zulfiqar

Defendant

Mr Mohammed Shaikir Alam

Defendant

Mr Mohammed Zahid Mahmood

Defendant

Mr Yasir Mumtaz

Defendant

Mr Mohammed Esa Mansuri

Defendant

Mr Mehboob Khan

Defendant

Mr Mohammed Ishaq Chaudhry

Defendant

Mr Abdul Mumin Choudhury

Defendant

Abdul Hussein Chaudhury

Defendant

Awlad Ali

Defendant

Zulfiqar Ali

Defendant

His Majesty's Attorney General

Defendant

Mushtaq Mohammed

Defendant

Hisham Hassan Mohamed Shar Lala

Defendant

Muhammad Anisuz Zaman Chowdhury

Defendant

Asif Jawad

Defendant

Mohammed Hayat Khan

Defendant

Suhel Abdul Samad Bholat

Defendant

Yusuf Mohamed Seedat

Defendant

Abdul Malik

Defendant

Usman Abdullah Munshi

Defendant

Procedural Posture

Chancery (property, Trusts and Probate) / Final Judgment After Trial

Legal Issues

  1. 1 Whether Abbey Mills land is held on the London Trust or Dewsbury Trust
  2. 2 Objective intention of donors for £1.4m purchase
  3. 3 Authority and effect of 1996 Trust Deed

Ratio Decidendi

The Abbey Mills land is held on trust for the purposes of the London Trust as declared in the 1996 Trust Deed, reflecting the objective intention of donors to benefit the local Tablighi Jamaat community in London. The evidence does not support the proposition that the funds were raised for the Dewsbury Trust or that the donors intended national ownership. The 1996 Trust Deed was validly executed by the original trustees with implied authority. D14 was replaced as trustee by C3. The cy-près claim does not arise as the property claim succeeds.

Court Disposition

Claimants succeed on property and removal claims; cy-près claim not determined.

Orders

  • Declaration that Abbey Mills land is held on London Trust per 1996 Trust Deed.
  • Order confirming replacement of D14 by C3 as trustee.