Iftikhar Malik v Vaqar Malik

Iftikhar Malik v Vaqar Malik

Vaqar Malik is precluded from asserting an adverse possession claim due to his prior representations to the court in 2012, which were intended to and did influence the court’s decision not to lift the stay on the 1987 Action. The County Court’s evaluative judgment on abuse of process was correct and should be restored.

Parties
Appellant/respondent: Iftikhar Malik; Respondent/appellant: Vaqar Malik; Appellant/respondent: Fahim Malik; Appellant/respondent: Rahim Malik
Jurisdiction
England and Wales
Judgment Date
11 April 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order reversed; County Court order restored
Legal Topics
Adverse Possession, Abuse of Process, Estoppel by Conduct, Summary Judgment, Costs Orders
Property Law Civil Procedure Adverse Possession Abuse of Process Estoppel by Conduct Summary Judgment Costs Orders

Case Brief

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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 on Appeal From High Court

Legal Issues

  1. 1 Whether Vaqar Malik is precluded by abuse of process/estoppel by conduct from advancing an adverse possession claim to the flat
  2. 2 Whether the High Court erred in reversing the County Court's finding of abuse of process
  3. 3 Whether the statements made by Vaqar Malik in 2012 preclude him from asserting adverse possession

Ratio Decidendi

Vaqar Malik is precluded from asserting an adverse possession claim due to his prior representations to the court in 2012, which were intended to and did influence the court’s decision not to lift the stay on the 1987 Action. The County Court’s evaluative judgment on abuse of process was correct and should be restored.

Court Disposition

Appeal allowed; High Court order reversed; County Court order restored

Orders

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