[2013] KEHC 2618 (KLR)
The court found that the application for dissolution and declaration of nullity of the Wakf of Amina Abdulrehman (deceased) was unopposed, as the Wakf Commissioners did not respond despite proper service. Upon consideration of the application, supporting affidavit, and relevant statutory provisions, the court was...
Source-derived case information.
- Citation
- [2013] KEHC 2618 (KLR)
- Parties
- Applicant: Sheikh Nassor M. Nahdy; Respondent: The Wakf Commissioners
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 22 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Dissolution of Wakf
- Outcome
- Application allowed. Wakf dissolved and declared null and void. No order as to costs.
- Judges
- JV Juma
- Legal Topics
- Wakf Dissolution, Estate Administration, Declaration of Nullity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheikh Nassor M. Nahdy
Applicant
The Wakf Commissioners
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Dissolution of Wakf
Legal Issues
- 1 Whether the Wakf of Amina Abdulrehman (deceased) should be dissolved.
- 2 Whether the Wakf of Amina Abdulrehman (deceased) is null and void.
Ratio Decidendi
The court found that the application for dissolution and declaration of nullity of the Wakf of Amina Abdulrehman (deceased) was unopposed, as the Wakf Commissioners did not respond despite proper service. Upon consideration of the application, supporting affidavit, and relevant statutory provisions, the court was satisfied that the applicant had established sufficient grounds for the orders sought. The court therefore allowed the application in terms of prayers (2) and (3), dissolving the Wakf and declaring it null and void.
Court Disposition
Application allowed. Wakf dissolved and declared null and void. No order as to costs.
Orders
- The Wakf of Amina Abdulrehman (deceased) created on 8th July, 1911 and registered as C.R. 6661 over subdivision number 140, section I Mainland North is dissolved.
- The Wakf of Amina Abdulrehman (deceased) is declared null and void.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO. 22 OF 2013
IN THE MATTER OF: THE WAKF OF AMINA ABDULREHMAN
(DECEASED)
AND
IN THE MATTER OF: PLOT NO. 140/I/MN
AND
IN THE MATTER OF: AN APPLICATION FOR DISSOLUTION OF
THE WAKF OF AMINA ABDULREHMAN
(DECEASED)
BETWEEN
SHEIKH NASSOR M. NAHDY……….……………. …………APPLICANT
VERSUS
THE WAKF COMMISSIONERS……………… ….……….RESPONDENT
RULING
Before court is the Notice of Motion dated 9th July, 2013 brought under certificate of urgency. The applicant who is the administrator of the estate of the late AMINA ABDULREHMAN seeks orders inter alia
“2. THAT this Honourable court be pleased to
dissolve the WAKF of AMINA ABDULREHMAN (DECEASED) created on the 8th day of July, 1911 registered in the Mombasa Registry as C.R. 6661 on all that property known as subdivision number 140, section I Mainland North.
3. THAT this Honourable court be pleased to declare the WAKF of AMINA ABDULREHMAN (DECEASED) as null and void.
4. THAT this Honourable court be pleased to issue such other orders it deems just and convenient to meet the ends of Justice.”
The application is supported by the affidavit of the applicant. I have carefully considered the application, the supporting affidavit as well as the annextures in support. I also take into consideration the provisions of section 4(1)(a) of the WAKF Commissioners Act, Cap 109, Laws of Kenya. I note that despite having been properly served with notice of this application, the WAKF Commissioners have made no reply thereto. The application therefore remains for all interests and purposes uncontested. I am satisfied that the application has merit and I do hereby allow the same in terms of prayers (2) and (3) thereof. No order on costs.
Dated and delivered in Mombasa this 13th day of August, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Egunza for Applicant
Court Clerk Mutisya