Abiba Ali & Ors V. Alhaji Ali (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Facts

In two clauses of his will, the testator used the words ” I leave in charge of ” The first clause concerned a house and this clause provided that the rent from this house should be divided equally between the three persons in whose ” charge ” the house was left. The second clause read ” I leave the land known as Ali’s land . . . . in the charge also of the said Madam Amina, Meriam All and my son Mama Ali. The learned Trial Judge held that there was an intestacy as regards Ali’s land and that Madam Amina Meriam All and Mama All were trustees for all the children of the testator.

Held

That the second clause of the will must be interpreted in the light of the first clause in which the same words ” in charge of ” were used and which passed the property to the three persons named for their own use and benefit.

Held Further : (Strother-Stewart dissenting) that Madam Amina, Meriam Ali and Mama All took Ali’s land as beneficial owners and not as trustees.

Decision of trial Judge on clause 2 of the will reversed.