s. 26. Application to decide question whether a person is a member of a corporate body or as to property
When any question arises as to whether a person is a member of a body corporate or as to the vesting or divesting of any property under the provisions of this Act, any person interested in such question may apply to the High Court for its opinion on such question and notice of hearing shall be given to such persons and in such manner as the court shall think fit, and any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree.
Cases in which this Section was subjected to Judicial Interpretation:
ZITTO KABWE v. REGISTERED TRUSTEES OF CHADEMA
When any question arises as to whether a person is a member of a body corporate or as to the vesting or divesting of any property under the provisions of this Act, any person interested in such question may apply to the High Court for its opinion on such question and notice of hearing shall be given to such persons and in such manner as the court shall think fit, and any opinion given by the court on an application under this section shall be deemed to have the force of a declaratory decree.
CHADEMA Counsels, Tundu Lissu (L) and Peter Kibatala (R) prepared to argue inter alia the applicaility of s. 26 of the Trustees' Incorporation Act.
ZITTO KABWE v. REGISTERED TRUSTEES OF CHADEMA
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