Wakilii

Juma and Another v Abdula and Others (Civil Appeal No. 55 of 1954)

East African Court of Appeal · [1955] EACA 87 · 1955 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from the High Court for Zanzibar challenging a limitation ruling
Decision
Appellants declared sole beneficiaries and appointed trustees of the wakf; respondents ordered to deliver possession and account for income received since 1942

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal held that section 10 of the Limitation Decree applied to the suit, rendering it not barred by limitation. Wakf property is deemed property vested in trust for a specific purpose. The respondents, having obtained possession under the wakf deed from the Wakf Commissioners, were trustees within the meaning of the Wakf Property Decree and section 10. The suit, though framed as a declaration, was in substance an action to recover wakf property and past income, constituting a suit for following trust property or for an account. True beneficiaries cannot be barred by trustees who mistakenly believe others are entitled. Appeal allowed.

Outcome

Appellants declared sole beneficiaries and appointed trustees of the wakf; respondents ordered to deliver possession and account for income received since 1942

Facts

In 1900, Kamna, a freed slave, created a wakf for the benefit of his named freed slaves, including one Juma, during their lifetimes and thereafter for their children and posterities and ultimately for destitute Muslims. The last named beneficiary died in 1941; only Juma left issue. The appellants and the second and third respondents both claimed to be the sole issue of Juma the beneficiary, but they were children of two different fathers both named Juma. The question was which Juma was the freed slave and named beneficiary. In 1941, the second and third respondents successfully claimed before the Wakf Commissioners that they were the beneficiaries. On 23 January 1942, the Commissioners gave them the wakf deed and possession of the wakf land. They took possession by installing the first respondent as their agent and manager and enjoyed the income through his management. The appellants made informal claims but took no action until July 1953, when they sued the three respondents claiming a declaration that they were the sole beneficiaries, accounts, payment, and consequential relief. The High Court held the suit was barred by limitation under Article 116 of the Schedule to the Limitation Decree, not section 10. The High Court found in favour of the appellants on the facts but dismissed the suit on limitation grounds.

Issues

  1. Whether section 10 of the Limitation Decree applied to bar the limitation defence in a suit by beneficiaries against persons in possession of wakf property claiming to be trustees.
  2. Whether the respondents were trustees or managers of wakf property within the meaning of section 10 of the Limitation Decree.
  3. Whether the suit was one for following trust property or for an account of such property within section 10 of the Limitation Decree.

Orders

  • Appeal allowed.
  • Judgment and decree of the High Court set aside.
  • Declaration that the appellants are the sole beneficiaries entitled to the benefit of the wakf and that the second and third respondents have no interest therein.
  • Order for removal of the second and third respondents from the office of trustees of the wakf and of the first respondent from the office of manager thereof.
  • Order for appointment of the appellants as trustees of the wakf and that the wakf property vest in them as such trustees.
  • Order that the respondents deliver to the appellants forthwith the wakf deed and possession of the wakf property together with all books of account, deeds, documents and records relating thereto.
  • Order that the respondents account to the appellants for all income of the wakf property received by them from 23rd January 1942 until the date of delivery of possession, subject to proper outgoings incurred in the production of such income.
  • Order payment by the respondents to the appellants of the amount found due on such account.
  • Costs of the suit awarded to the appellants, limited to disbursements properly incurred plus court fees as payable by successful poor person plaintiffs.
  • Costs of the appeal awarded to the appellants, confined to disbursements plus the amount of court fees which would have been payable if the appellants had not appealed as poor persons.

Rules and key headnotes

Wakf — Property Vested in Trust — Limitation
Property comprised in a Mohammedan religious or charitable endowment is deemed to be property vested in trust for a specific purpose within section 10 of the Limitation Decree.
Wakf — Trustees and Managers — Definition
Under the Wakf Property Decree, the term 'trustee' includes any person or persons in control of any wakf property or in receipt of the rents and profits thereof. The word 'manager' in section 10 of the Limitation Decree should be construed in a strictly practical sense to cover any person who in fact manages wakf property in the way that a properly constituted mutiwalla or trustee would be entitled to do, whether he so manages for his own benefit or as agent for another.
Limitation — Section 10 of Limitation Decree — Suits Against Trustees
No suit against a person in whom property has become vested in trust for any specific purpose, for the purpose of following in his or their hands such property or the proceeds thereof or for an account of such property or proceeds, shall be barred by any length of time under section 10 of the Limitation Decree.
Limitation — Substance Over Form — Nature of Suit
It is necessary to consider the real nature and purpose of a suit on a broad basis, and not the details of form. A suit superficially framed as an action for a declaration may in substance be an action to recover trust property and past income thereof, constituting a suit for following trust property or for an account within section 10 of the Limitation Decree.
Wakf — True Beneficiaries — Protection from Limitation
Trustees cannot bar the rights of true beneficiaries, or evade the terms of the trust, by pretending or even believing that other persons are the beneficiaries. Such an attitude will not deprive the true beneficiaries of the protection of section 10 of the Limitation Decree.

Legislation cited (5)

  • Limitation Decree s.3
  • Limitation Decree s.10
  • Limitation Decree Schedule Article 116
  • Wakf Property Decree s.2
  • Wakf Property Decree s.12

Cases cited (5)

  • Vidya Varuthi v Balusami Ayyar and Others (1921) 44 Mad. 831
  • Fink v Moharaj Bahadur Singh (1898) 25 Cal. 642
  • Challagundla v Madala 46 I.C. 202
  • Rani Chhatra v Prince Mohan 48 I.A. 279
  • Durga Prasad v Asa Ram 2 All. 365

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Juma and Another v Abdula and Others (Civil Appeal No. 55 of 1954) [1955] EACA 87 (1 January 1955)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.