The court considered competing claims for the ownership of a newly built mosque. The Council had agreed to it being built on its land and now sought a direction as to its future ownership. The first named defendant charity disputed ownership with a father and son as trustees of a different mosque. An original constitution appeared to have been adopted but then another was proposed. When a trustee dies, one of the defendants was appointed temprarily, but there was a dispute as to the confirmation of that appointment.
Held: The building agreement was in favour of named individuals as trustees of the unincorporated trust. However at a properly constituted meeting, the benefit of the agreement had been assigned to the newl formed charitable company. There should be a transfer accordingly.
Judges:
David J
Citations:
[2010] EWHC 2376 (Ch)
Links:
Jurisdiction:
England and Wales
Trusts, Charity
Updated: 25 August 2022; Ref: scu.424869
