Wakilii

Waljee v Haji and Another (Civil Appeal No. 10 of 1942)

East African Court of Appeal · [1943] EACA 2 · 1943 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Appeal from decision of H.M. Supreme Court of Kenya on an originating summons seeking approval of a charitable scheme under a will
Decision
The scheme for the Girls' High School approved by the Chief Justice was upheld with modifications previously directed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the trial judge correctly found sufficient funds existed from trust property rents to establish the Girls' High School. The will contained no prohibition against accepting grants from outside sources to assist charitable institutions, provided such grants imposed no conditions contrary to the will's provisions. The testator's expressed hope for outside grants in other clauses and the absence of any exclusivity requirement supported this interpretation. The appellant trustee, having obtained protection through the lower court's decision, appealed at his own risk and must pay costs of the unsuccessful appeal.

Outcome

The scheme for the Girls' High School approved by the Chief Justice was upheld with modifications previously directed

Facts

A testator died twenty years prior, leaving properties in trust for charitable purposes benefiting the Ismalia Community. His will contemplated establishment of institutions including a High School, and expressed hope that grants from His Highness the Aga Khan would assist certain charities. Three charities had been established: Friday dinners, a dispensary in Mombasa, and a boarding house in Nairobi (which ceased functioning). The respondent trustees proposed a scheme for a Girls' High School in Nairobi under Clause 20 of the will. The appellant trustee objected on grounds of insufficient funds and that accepting outside grants would contravene the will. The Chief Justice approved the scheme with modifications. The appellant trustee appealed, arguing the evidence showed insufficient funds from trust properties and that Clauses 20 and 22 required institutions to be maintained exclusively from trust income.

Issues

  1. Whether there were sufficient funds from trust properties to carry out the charitable scheme for a Girls' High School.
  2. Whether the trustees could accept grants from outside sources (His Highness the Aga Khan, Government, or others) to assist in establishing or maintaining the institution without contravening the terms of the will.
  3. Whether the costs of the appeal should be paid by the unsuccessful appellant trustee or from the estate.

Orders

  • Appeal dismissed.
  • Appellant to pay the respondents' costs of the appeal.

Rules and key headnotes

Charitable Trusts — Construction of Will — Acceptance of Outside Grants
Where a will establishes charitable trusts and expresses hope that grants from outside sources might assist certain institutions, and contains no express words requiring institutions to be exclusively dependent on the testator's bounty, trustees may accept grants from outside sources to assist in establishment or maintenance of institutions provided such grants are not accompanied by conditions contrary to the will's provisions.
Wills — Interpretation — Testator's General Charitable Intention
In construing a will establishing charitable trusts, where the testator's general charitable intention is to confer the greatest possible benefit upon beneficiaries, the court will not read restrictive limitations into the will in the absence of express words indicating such restrictions, particularly where accepting outside assistance would increase the institution's usefulness without interfering with its functioning according to the testator's wishes.
Trustees — Costs of Appeal — Protection by Lower Court Decision
A trustee who obtains the opinion of the court on a question of trust administration is absolutely protected by that decision, but if the trustee appeals from that decision, the trustee appeals at his own risk under ordinary conditions applicable to appellants, and where the appeal lacks substance, the unsuccessful trustee appellant must pay the costs of the appeal rather than having all parties' costs paid from the estate.

Cases cited (2)

  • Re Weir Hospital [1910] 2 Ch 124
  • Re Earl of Radnor's Trusts (1890) 45 Ch D 423

Full judgment

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

Waljee v Haji and Another (Civil Appeal No. 10 of 1942) [1943] EACA 2 (1 January 1943)
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.