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Munir Abubakar Masoud v. Ali Abdalla Salim, Ali Yislam Ali Bashamkh & Mohamed Salim Ahmed (As Trustees of the Tawheed Girls Secondary School Trust)

(2021) JELR 98818 (CA)

Court of Appeal  •  Civil Appeal 15 of 2018  •  29 Jan 2021  •  Kenya

Coram
Hannah Magondi Okwengu, Daniel Kiio Musinga, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a dispute pitting the trustees of Tawheed Girls Secondary School Trust (school trust) and Tawheed Muslim Association (Association). The dispute concerns the management and ownership of Tawheed Girls Secondary school (the school) and LR. No. 8604 (the suit property), on which the school is situated. The proceedings were initiated by Ali Abdalla Salim, Ali Yislam Ali Bashamkh (the 1st and 2nd respondents), and Mohamed Salim Ahmed, as trustees of the school trust against Abubakar Masoud (now deceased), and Munir Abubakar Masoud (the appellant). Abubakar Masoud who is father to the appellant was the chairman, founder, sponsor and patron of the Association. [2] The proceedings were commenced through an amended originating summons dated 12th March, 2014, in which the 1st and 2nd respondents, together with Mohamed Salim Ahmed, moved the Environment and Land Court at Malindi for determination of the following questions.

“(i) Whether Abubakar Mas…

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