Malik v Malik [2019] EWHC 1843 (Ch) (21 June 2019)

Malik v Malik [2019] EWHC 1843 (Ch) (21 June 2019)

Summary judgment was refused because the factual basis of Vaqar's occupation and intention during the relevant period was unclear and triable; a full investigation at trial is necessary to determine adverse possession and abuse of process. The law is not settled on the relevance of belief about permission, and the effect of the 1992 family agreement and other facts require trial. Abuse of process cannot be determined without full factual inquiry.

Citation
[2019] EWHC 1843 (Ch)
Parties
Appellant/part 20 Defendant: Vaqar Malik; Appellant/part 20 Defendant: Fahim Malik; Appellant/part 20 Defendant: Rahim Malik; Respondent/part 20 Claimant: Iftikhar Ahmad Malik
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Appeal / Application for Permission to Appeal and Appeal Against Summary Dismissal Decision
Outcome
Appeal dismissed; permission to appeal granted but summary judgment refused
Legal Topics
Adverse Possession, Abuse of Process, Trusts, Summary Judgment, Case Management
Property Law Civil Procedure Adverse Possession Abuse of Process Trusts Summary Judgment Case Management

Case Brief

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Parties

Vaqar Malik

Appellant/part 20 Defendant

Fahim Malik

Appellant/part 20 Defendant

Rahim Malik

Appellant/part 20 Defendant

Iftikhar Ahmad Malik

Respondent/part 20 Claimant

Procedural Posture

Appeal / Application for Permission to Appeal and Appeal Against Summary Dismissal Decision

Legal Issues

  1. 1 Whether summary judgment should be granted on adverse possession defence
  2. 2 Whether adverse possession defence is barred by abuse of process
  3. 3 Whether there are compelling reasons for the matter to go to trial

Ratio Decidendi

Summary judgment was refused because the factual basis of Vaqar's occupation and intention during the relevant period was unclear and triable; a full investigation at trial is necessary to determine adverse possession and abuse of process. The law is not settled on the relevance of belief about permission, and the effect of the 1992 family agreement and other facts require trial. Abuse of process cannot be determined without full factual inquiry.

Court Disposition

Appeal dismissed; permission to appeal granted but summary judgment refused

Orders

  • Application for summary dismissal refused
  • Application to strike out parts of pleadings relating to adverse possession as abuse of process adjourned to trial judge