F ADALLA ABDEL MULA KIRIA, Applicant-Defendant v . • . ZAlIRA BINT MOHAMMED, Respondent-Plaintiff

Trust and Trustee-Duty to Account

In the circumstances of this country, where almosi' every head of a
household is a trustee for the property of women and minors in his house-
hold, it would not be reasonable or equitable to call upon such a man to
give an accurate and detailed account of the money which he had spent ip
supporting the beneficiaries.

Appeal

March 27, 1930. Davidson, Legal Secretary: The learned Judge
below did not attach sufficient weight to the admission of the respondent
Zahra that she had been satisfied in full as regards the £E.78, made
formally in a case before the Kadi, coupled with the fact that she
never made any claim inconsistent with that admission for two years •
. Mer such an admission, it would be wholly unreasonable to expect
the appellant, even though he was a trustee, to give a full and accurate
'account two years later.

* Court: Davidson, L.S., Owen J.

he had kept accounts he would have been quite entitled to
tear them up after respondent's . admission. As he was illiterate and
could not keep accounts, his memory must necessarily' be at fault.
Learned counsel's argument for the respondent is directed wholly
to the inaccuracy, insufficiency and inconsistency of the appellant's
statement as to how he disposed of the £E.78 011 behalf of Zahra.
In the circumstances of this country, where almost every head of a
household is a trustee for the property of women and minors in his
household •. I do not think it would be reasonable or equitable to call
on such a man, even if literate, for an accurate and detailed account
of the money which he had spent in supporting the beneficiaries.
In a case where the beneficiary herself had admitted that she had
received what was due to her in full and had maintained that
position for two years, it would be a wholly unreasonable demand
for azdetailed account at all.

It would be quite a different matter if it could be shown that

the appellant had made away with the money, e.g., by investing
in his business. Nothing of this kind is suggested. I think that such
account as he, has been able to give is adequate in the circumstances
and the .respondent is bound by her admission in 1927 and her
subsequent conduct.

Owen J.: I concur.

Appeal allowed

Trust and Trustee-Duty to Account

In the circumstances of this country, where almosi' every head of a
household is a trustee for the property of women and minors in his house-
hold, it would not be reasonable or equitable to call upon such a man to
give an accurate and detailed account of the money which he had spent ip
supporting the beneficiaries.

Appeal

March 27, 1930. Davidson, Legal Secretary: The learned Judge
below did not attach sufficient weight to the admission of the respondent
Zahra that she had been satisfied in full as regards the £E.78, made
formally in a case before the Kadi, coupled with the fact that she
never made any claim inconsistent with that admission for two years •
. Mer such an admission, it would be wholly unreasonable to expect
the appellant, even though he was a trustee, to give a full and accurate
'account two years later.

* Court: Davidson, L.S., Owen J.

he had kept accounts he would have been quite entitled to
tear them up after respondent's . admission. As he was illiterate and
could not keep accounts, his memory must necessarily' be at fault.
Learned counsel's argument for the respondent is directed wholly
to the inaccuracy, insufficiency and inconsistency of the appellant's
statement as to how he disposed of the £E.78 011 behalf of Zahra.
In the circumstances of this country, where almost every head of a
household is a trustee for the property of women and minors in his
household •. I do not think it would be reasonable or equitable to call
on such a man, even if literate, for an accurate and detailed account
of the money which he had spent in supporting the beneficiaries.
In a case where the beneficiary herself had admitted that she had
received what was due to her in full and had maintained that
position for two years, it would be a wholly unreasonable demand
for azdetailed account at all.

It would be quite a different matter if it could be shown that

the appellant had made away with the money, e.g., by investing
in his business. Nothing of this kind is suggested. I think that such
account as he, has been able to give is adequate in the circumstances
and the .respondent is bound by her admission in 1927 and her
subsequent conduct.

Owen J.: I concur.

Appeal allowed

Trust and Trustee-Duty to Account

In the circumstances of this country, where almosi' every head of a
household is a trustee for the property of women and minors in his house-
hold, it would not be reasonable or equitable to call upon such a man to
give an accurate and detailed account of the money which he had spent ip
supporting the beneficiaries.

Appeal

March 27, 1930. Davidson, Legal Secretary: The learned Judge
below did not attach sufficient weight to the admission of the respondent
Zahra that she had been satisfied in full as regards the £E.78, made
formally in a case before the Kadi, coupled with the fact that she
never made any claim inconsistent with that admission for two years •
. Mer such an admission, it would be wholly unreasonable to expect
the appellant, even though he was a trustee, to give a full and accurate
'account two years later.

* Court: Davidson, L.S., Owen J.

he had kept accounts he would have been quite entitled to
tear them up after respondent's . admission. As he was illiterate and
could not keep accounts, his memory must necessarily' be at fault.
Learned counsel's argument for the respondent is directed wholly
to the inaccuracy, insufficiency and inconsistency of the appellant's
statement as to how he disposed of the £E.78 011 behalf of Zahra.
In the circumstances of this country, where almost every head of a
household is a trustee for the property of women and minors in his
household •. I do not think it would be reasonable or equitable to call
on such a man, even if literate, for an accurate and detailed account
of the money which he had spent in supporting the beneficiaries.
In a case where the beneficiary herself had admitted that she had
received what was due to her in full and had maintained that
position for two years, it would be a wholly unreasonable demand
for azdetailed account at all.

It would be quite a different matter if it could be shown that

the appellant had made away with the money, e.g., by investing
in his business. Nothing of this kind is suggested. I think that such
account as he, has been able to give is adequate in the circumstances
and the .respondent is bound by her admission in 1927 and her
subsequent conduct.

Owen J.: I concur.

Appeal allowed

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F ADALLA ABDEL MULA KIRIA, Applicant-Defendant v . • . ZAlIRA BINT MOHAMMED, Respondent-Plaintiff

F ADALLA ABDEL MULA KIRIA, Applicant-Defendant v . • . ZAlIRA BINT MOHAMMED, Respondent-Plaintiff

F ADALLA ABDEL MULA KIRIA, Applicant-Defendant v . • . ZAlIRA BINT MOHAMMED, Respondent-Plaintiff