[2011] KEHC 2765 (KLR)
The court found that the applicant was properly constituted as trustee of the Wakf of Liwali Salim Bin Khalfan and that the trust property, including the land and bank account, should vest in him as trustee. The court was satisfied by the evidence and submissions that the previous account holder, Seif Bin Said, was...
Source-derived case information.
- Citation
- [2011] KEHC 2765 (KLR)
- Parties
- Applicant: Salim Soud Ali; Respondent: Estate of Liwali Salim Bin Khalfan
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 240 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Appointment of Trustee and Ancillary Orders
- Outcome
- application allowed in full
- Judges
- JB Ojwang
- Legal Topics
- Trust Appointment, Wakf Property Management, Vesting Orders, Bank Account Operations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salim Soud Ali
Applicant
Estate of Liwali Salim Bin Khalfan
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Appointment of Trustee and Ancillary Orders
Legal Issues
- 1 Whether the applicant should be appointed as trustee of the Wakf of Liwali Salim Bin Khalfan in respect of the specified property.
- 2 Whether the trust property should vest in the applicant as trustee.
- 3 Whether the applicant should be authorized to operate and open bank accounts for the trust.
Ratio Decidendi
The court found that the applicant was properly constituted as trustee of the Wakf of Liwali Salim Bin Khalfan and that the trust property, including the land and bank account, should vest in him as trustee. The court was satisfied by the evidence and submissions that the previous account holder, Seif Bin Said, was not a trustee and resided outside the jurisdiction. The court exercised its discretion under Order XXX, rule 13 of the Civil Procedure Rules to grant all the prayers sought, including vesting the property, authorizing the applicant to withdraw funds, open new accounts, and directing that costs be paid from trust income. The orders were made to ensure proper administration and...
Court Disposition
application allowed in full
Orders
- The trust property comprised in the title known as Mombasa/Block XXX/145, Makadara Road shall vest in Salim Soud Ali as trustee of the estate of Liwali Salim Bin Khalfan.
- Trustee Salim Soud Ali is authorized to withdraw the moneys lying at the Mombasa Branch of Standard Chartered Bank of Kenya Limited, Treasury Square Branch, Mombasa in Current Account No. 01020-477001-00 in the name of Seif Bin Said a/c Estate of Late Liwali Salim Bin Khalfan.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
(Coram: Ojwang, J.)
MISC. CIVIL APPLICATION NO. 240 OF 2001 (OS)
IN THE MATTER OF:THE WAKF OF LIWALI SALIM BINKHALFAN
-AND-
IN THE MATTER OF: AN APPLICATION BY SALIM SOUD ALIFOR HIS APPOINTMENT AS A TRUSTEEOF THE
WAKF IN RESPECT OF PLOT NO.27/V/M.N. IN PLACE OF SAID BIN SEIF(NOW DECEASED)
RULING
The applicant moved the Court by Chamber Summons dated 28th January, 2011and brought under Order XXX, rule 13 of the Civil Procedure Rules. This ex parteapplication carried the following prayers:
(i)that the trust property comprised in the title known as Mombasa/Block XXX/145, Makadara Road do vest in Salim Soud Alias Trustee of the estate of Liwali Salim Bin Khalfan;
(ii)that the said Trustee Salim Soud Alibe and is hereby authorized to withdraw the moneys lying at the Mombasa Branch of Standard Chartered Bank of Kenya Limited, Treasury Square Branch, Mombasa in Current Account No. 01020-477001-00 in the name of Seif Bin Saida/c Estate of Late Liwali Salim Bin Khalfan;
(iii)that the said Trustee Salim Soud Alibe and is at liberty to open fresh accounts in any Bank or Banks in Mombasa in the name of Salim Bin Soudas Trustee aforesaid, with power to operate the same as he deems proper and expedient in his sole discretion for the purposes of the Trust and its aforesaid property;
(iv)that costs be paid out of the Trust income.
The applicant depones, in the supporting affidavit, that he is duly constituted a Trustee of the trust of Liwali Salim Khalfan, in respect of the trust land comprised in the title, Mombasa/Block XXX/145, Makadara Road, Mombasa; and that the Trust has a Bank account __ Current Account No. 01020-477001-00 at Standard Bank Kenya Limited, Treasury Square Branch, Mombasa in the name of Seif bin Saida/c Estate of Liwali Salim bin Khalfan.He depones that Seif bin Saidhad always lived in Muscat and was not a Trustee.
Upon hearing the submissions by learned counsel, Mr. Mushelle(holding brief for Mr. Khatib) and after examining the relevant documents lodged on file, I make this Orderallowing each of the four prayers above set-out.
Orders accordingly.
DATEDandDELIVEREDat MOMBASAthis6thday ofMay, 2011.
J. B. OJWANG
JUDGE
Coram:Ojwang, J.
Court Clerk:Ibrahim
For the Applicant:Mr. Mushelle