REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA MISC. CIVIL APPLICATION NO. 22 OF 2013 IN THE MATTER OF: THE WAKF OF AMINA ABDULREHMAN (DECEASED) AND IN THE MATTER OF: PLOT NO. 140/I/MN AND IN THE MATTER OF: AN APPLICATION FOR DISSOLUTION OF THE WAKF OF AMINA ABDULREHMAN (DECEASED) BETWEEN SHEIKH NASSOR M. NAHDY……….……………. …………APPLICANT VERSUS THE WAKF COMMISSIONERS……………… ….……….RESPONDENT RULING Before court is the Notice of Motion dated 9 th July, 2013 brought under certificate of urgency. The applicant who is the administrator of the estate of the late AMINA ABDULREHMAN seeks orders inter alia “2. THAT this Honourable court be pleased to dissolve the WAKF of AMINA ABDULREHMAN (DECEASED) created on the 8th day of July, 1911 registered in the Mombasa Registry as C.R. 6661 on all that property known as subdivision number 140, section I Mainland North. 3. THAT this Honourable court be pleased to declare the WAKF of AMINA ABDULREHMAN (DECEASED) as null and void.
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4. THAT this Honourable court be pleased to issue such other orders it deems just and convenient to meet the ends of Justice.” The application is supported by the affidavit of the applicant. I have carefully considered the application, the supporting affidavit as well as the annextures in support. I also take into consideration the provisions of section 4(1)(a) of the WAKF Commissioners Act, Cap 109, Laws of Kenya. I note that despite having been properly served with notice of this application, the WAKF Commissioners have made no reply thereto. The application therefore remains for all interests and purposes uncontested. I am satisfied that the application has merit and I do hereby allow the same in terms of prayers (2) and (3) thereof. No order on costs. Dated and delivered in Mombasa this 13th day of August, 2013. M. ODERO JUDGE In the presence of: Mr. Egunza for Applicant Court Clerk Mutisya
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