Shariff & Anor, Re Application For Exercise Of The Nobile Officium [1999] ScotCS 157 (23 June 1999)

Shariff & Anor, Re Application For Exercise Of The Nobile Officium [1999] ScotCS 157 (23 June 1999)

The petitioners failed to prove any misapplication of trust funds or conduct by the trustees amounting to malversation or equivalent misconduct. Disagreements, controversies, and the trustees' association with Sipah-e-Sahaba did not justify removal. The petitioners had sufficient title and interest to sue, but the grounds for removal were not established.

Citation
[1999] ScotCS 157
Parties
Petitioner: Mohammed Shariff; Petitioner: Syed Kirmani; Respondent: Abdul Hamid; Respondent: Naseer Ahmed; Respondent: Masood Ahmed
Jurisdiction
Scotland
Judgment Date
23 June 1999
Procedural Posture
Petition for Exercise of Nobile Officium (removal of Trustees) / Judgment After Proof (trial)
Outcome
Petition refused.
Legal Topics
Removal of Trustees, Nobile Officium, Public Charitable Trusts, Misapplication of Trust Funds, Title and Interest to Sue
Trusts and Estates Charity Law Scottish Civil Procedure Removal of Trustees Nobile Officium Public Charitable Trusts Misapplication of Trust Funds Title and Interest to Sue

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Parties

Mohammed Shariff

Petitioner

Syed Kirmani

Petitioner

Abdul Hamid

Respondent

Naseer Ahmed

Respondent

Masood Ahmed

Respondent

Procedural Posture

Petition for Exercise of Nobile Officium (removal of Trustees) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the trustees of Idara Taleem-Ul Quran Trust should be removed for malversation or equivalent misconduct
  2. 2 Whether the petitioners have title and interest to seek removal of trustees

Ratio Decidendi

The petitioners failed to prove any misapplication of trust funds or conduct by the trustees amounting to malversation or equivalent misconduct. Disagreements, controversies, and the trustees' association with Sipah-e-Sahaba did not justify removal. The petitioners had sufficient title and interest to sue, but the grounds for removal were not established.

Court Disposition

Petition refused.

Orders

  • Sustain first plea-in-law for petitioners (title to sue)
  • Repel first plea-in-law for respondents (title to sue)