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

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

The objective intention of the donors and lenders was that the funds were to be held by the London trustees for the benefit of the London Tablighi Jamaat community, not for the Dewsbury Trust. The 1996 Declaration of Trust, though executed later than its date, validly constituted the trust in accordance with the donors' intentions. The 1998 and 1999 documents signed under pressure did not alter the trust. D14 was validly removed as trustee due to refusal to act.

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 Choudhury; 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
11 October 2024
Procedural Posture
Civil (charity/trusts) / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Charitable Trusts, Cy Près Doctrine, Trustee Removal, Intention of Donors, Ownership of Religious Property
Charity Law Trusts Law Property Law Charitable Trusts Cy Près Doctrine Trustee Removal Intention of Donors Ownership of Religious Property

Case Brief

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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 Choudhury

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

Civil (charity/trusts) / Judgment After Trial

Legal Issues

  1. 1 What was the objective intention of donors and lenders who contributed £1.4 million for the purchase of Abbey Mills Mosque?
  2. 2 Were the purchase monies held for the purpose of the London trustees or for the Dewsbury Trust?
  3. 3 What is the legal effect and timing of the 1996 Declaration of Trust?

Ratio Decidendi

The objective intention of the donors and lenders was that the funds were to be held by the London trustees for the benefit of the London Tablighi Jamaat community, not for the Dewsbury Trust. The 1996 Declaration of Trust, though executed later than its date, validly constituted the trust in accordance with the donors' intentions. The 1998 and 1999 documents signed under pressure did not alter the trust. D14 was validly removed as trustee due to refusal to act.

Court Disposition

Claim allowed

Orders

  • Declaration that the Land is held upon the trusts of the 1996 Declaration of Trust for the benefit of the London Tablighi Jamaat community.
  • Declaration that D14 was validly removed as trustee and replaced by C3.