Yakkob Lebbe Mohamed Samsudeen vs M C M Farook – CA APPEAL NO: 1050/96F-2011

The case between Yakkob Lebbe Mohamed Samsudeen (Plaintiff-Appellant) and M C M Farook and another (Defendant-Respondents) addressed the issue of entitlement to a declaration of sole ownership of property described in the schedule to the plaint. It was determined that there was insufficient evidence to establish the plaintiff’s sole ownership, and no grounds existed to interfere with the district judge’s decision dismissing the plaintiff’s action. This holding reaffirmed the principle that appellate courts will not disturb factual findings of trial courts absent a clear error, emphasizing the deference given to the trial court’s assessment of evidence and credibility.

A W Abdus Salam J. — Upon review of the judgment by the district judge delivered on 26 August 1996, it was established th