Malik v Malik [2024] EWCA Civ 1323 (04 November 2024)

Malik v Malik [2024] EWCA Civ 1323 (04 November 2024)

Vaqar Malik was precluded by abuse of process and estoppel by conduct from advancing a claim of adverse possession, as he had previously represented to the court that he would not make such a claim, and the court had relied on that representation in its decision. The trial judge's evaluative judgment was within the ambit of reasonable disagreement and was not open to interference on appeal.

Citation
[2024] EWCA Civ 1323
Parties
Appellant/respondent: Iftikhar Malik; Respondent/appellant: Vaqar Malik; Appellant/respondent: Fahim Malik; Appellant/respondent: Rahim Malik
Jurisdiction
England and Wales
Judgment Date
04 November 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; order of HHJ Gerald in the 2017 Action restored.
Legal Topics
Adverse Possession, Abuse of Process, Estoppel by Conduct, Possession Proceedings, Costs Orders
Property Law Civil Procedure Adverse Possession Abuse of Process Estoppel by Conduct Possession Proceedings Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Iftikhar Malik

Appellant/respondent

Vaqar Malik

Respondent/appellant

Fahim Malik

Appellant/respondent

Rahim Malik

Appellant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Vaqar Malik is precluded by abuse of process or estoppel by conduct from advancing a claim of adverse possession to the flat.
  2. 2 Whether the statements made by Vaqar Malik in 2012 to the court amounted to a representation precluding him from later asserting adverse possession.
  3. 3 Whether the trial judge erred in his assessment of the facts and the law regarding abuse of process and adverse possession.

Ratio Decidendi

Vaqar Malik was precluded by abuse of process and estoppel by conduct from advancing a claim of adverse possession, as he had previously represented to the court that he would not make such a claim, and the court had relied on that representation in its decision. The trial judge's evaluative judgment was within the ambit of reasonable disagreement and was not open to interference on appeal.

Court Disposition

Appeal allowed; order of HHJ Gerald in the 2017 Action restored.

Orders

  • Vaqar Malik and his sons to give up possession of the flat to Iftikhar Malik.
  • Vaqar Malik to pay mesne profits for unlawful occupation for six years prior to the Part 20 claim.