IN RE THE MATTER OF THE WAKF OF LIWALI SALIM BIN KHALFAN [2011] KEHC 2765 (KLR)

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