In the Mohamed husein Sharif Jiwa, Misc. Civ. Cause 3-A-67; 17/7/67; Platt, J.

In the Mohamed husein Sharif Jiwa, Misc. Civ. Cause 3-A-67; 17/7/67; Platt, J.

Settlor established a trust for the benefit of his wife and children. The income was to be used for their maintenance education and advancement until all of the children attained

Their majority. At that time, the property was to be sold and the proceeds distributed to the beneficiaries. In this application the trustees requested authorization to depart from the terms of the trust and distribute the trust property itself rather than selling the property and distributing the proceeds. There was evidence that all of the beneficiaries preferred such a disposition and that it was in their best interests.

            Held: (1) The law relating to trust and trustees in force in England on 1^st January 1922 applies in Tanganyika. [Land (Law of Property and Conveyancing) Ordinance, Cap. 114, s. 2.] A declaration was made under section 10 of the Act stating that the Trustee Act 1893 (England) is still applicable. Citing Elfie Heinrichsdorff-Gies & Another v. Henry George Dodd & Another (1960) E.A.327; Parry v. Carson (1963) E.A. 91. (2) The general rule in England in 1922 was that trustees were required to carry out the exact terms of the trust, However, if all the beneficiaries were sui juris, and acting under no incapacity or undue influence, consented or concurred in a breach of trust after being fully informed of the circumstances, the court could relieve the trustees from liability. Citing Chapman v. Chapman (1954) A.C. 429. (3) In the present case these conditions were met and the beneficiaries all consented to the breach. The distribution of the trust property was ordered.