Musa v Karim

Musa v Karim

There is a serious case of material non-disclosure by the wife regarding her inherited properties that requires re-investigation. The appeal is allowed in part, with the matter remitted for further hearing and investigation of the non-disclosure allegations. Permission to appeal on the mechanism for sale of the matrimonial home is granted, but other grounds are refused or deferred.

Parties
Applicant/husband: Ahmed Abdalla Ahmed Musa; Respondent/wife: Buder Omer Ali El Karim
Jurisdiction
England and Wales
Judgment Date
13 July 2012
Procedural Posture
Appeal (family/ancillary Relief) / Appeal From Final Ancillary Relief Order; Application for Permission to Appeal and Stay; Partial Rehearing Ordered
Outcome
Appeal allowed in part; matter remitted for re-investigation; permission to appeal on mechanism for sale granted; other grounds refused or deferred.
Legal Topics
Ancillary Relief, Non Disclosure, Division of Matrimonial Assets, Costs Orders, Appeal Procedure
Family Law Ancillary Relief Non Disclosure Division of Matrimonial Assets Costs Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ahmed Abdalla Ahmed Musa

Applicant/husband

Buder Omer Ali El Karim

Respondent/wife

Procedural Posture

Appeal (family/ancillary Relief) / Appeal From Final Ancillary Relief Order; Application for Permission to Appeal and Stay; Partial Rehearing Ordered

Legal Issues

  1. 1 Whether the wife's material non-disclosure vitiated the ancillary relief order
  2. 2 Whether the judge erred in awarding a lump sum to the wife
  3. 3 Whether the judge erred in the mechanism for sale and division of the matrimonial home

Ratio Decidendi

There is a serious case of material non-disclosure by the wife regarding her inherited properties that requires re-investigation. The appeal is allowed in part, with the matter remitted for further hearing and investigation of the non-disclosure allegations. Permission to appeal on the mechanism for sale of the matrimonial home is granted, but other grounds are refused or deferred.

Court Disposition

Appeal allowed in part; matter remitted for re-investigation; permission to appeal on mechanism for sale granted; other grounds refused or deferred.

Orders

  • Remission for re-investigation of material non-disclosure by the wife, ideally before HHJ Hayward Smith QC or another Family Division judge.
  • Permission to appeal on the mechanism for sale of the matrimonial home granted; listing of any further appeal adjourned pending outcome of re-investigation.