Cap. 331 ст. 37Other powers of the court.

(1) A trustee may apply to the court for directives concerning the manner in which he may or should act in connection with any matter concerning the trust; and the court may make such order, if any, as it thinks fit.

(2) The court may also, if it thinks fit -

(a) make an order concerning -

(i) the execution or the administration of any trust; or

(ii) the trustee of any trust, including an order relating to the exercise of any power, discretion or duty of the trustee, the appointment or removal of a trustee, the remuneration of a trustee, the submission of accounts, the conduct of the trustee and any payments into court; or

(iii) any beneficiary or any person having any connection with the trust;

(b) make any declaration as to the validity or enforcement of a trust, the existence of any resulting or constructive trust, breach of trust or failure of a trust;

(c) rescind or vary any order or declaration made under this Act, or make any new or further order or declaration.

(3) An application to the court for an order or declaration under subarticle (2) may be made by the trustee or by any beneficiary or by the Attorney General or by any other person having a lawful interest: Provided that in cases where the duty to inform a beneficiary of his interest in a trust has been suspended in terms of article 29 and until such suspension is in force, and in the absence of a protector of a trust, the settlor of a trust may also make an application to the Court in terms of this subarticle. Whilst dealing with such application the Court may determine whether the suspension of rights to information as aforesaid be maintained in force in full or in part for all or some of the beneficiaries.

(4) Where the court makes an order for the appointment of a trustee it may impose such conditions as it thinks fit, including conditions as to the vesting of trust property.

(5) Subject to any order of the court, a trustee appointed by the court under this article shall have the same powers, discretions and duties as if he had been originally appointed a trustee.