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Twalib Hatayan & Abdul Wahid Haji Yerrow v. Said Saggar Ahmed Al-Heidy, Munira Said Saggar, Hania Said Saggar Al- Heidy, Fahmy Said Saggar Al-Heidy, Aboud Rogo Mohamed & Fatma Said Saggar

(2015) JELR 96593 (CA)

Court of Appeal  •  Civil Appeal 51 of 2014  •  15 May 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellants describe themselves as philanthropists. Their story is that sometime in 2003, they were approached by the respondents, who claimed to be the trustees of a trust known as Madhanhirul Ulum (Muslim Women Centre) “the Trust”. As such trustees, the respondents petitioned the appellants for funding towards the purchase of some land. This was on the understanding that the land so purchased would be utilized by putting up a mosque, a social hall and madrassa for use by the local Muslim community. The appellants thus released a sum of Kshs.2,080,000/- towards this endevour to the respondents. The donation was channeled through the parties’ mutual advocates, Messrs Swaleh and Company. Consequently, land described as Mombasa/Mainland South/Block 1/215 “the suit premises” was purchased and registered in the name of the trust.

All was quiet until April 2011 when it came to the appellants’ attention that the respondents intended to sell the suit premises to Base T…

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