Rashid v Munir & Ors [2018] EWHC 1258 (QB) (22 May 2018)

Rashid v Munir & Ors [2018] EWHC 1258 (QB) (22 May 2018)

The judge found that the common intention of the parties was that the claimant was not entitled to a share of the rental income, and there was no credible evidence to the contrary. The legal presumption that equity follows the law was not displaced by the facts.

Citation
[2018] EWHC 1258
Parties
Claimant/appellant: Mr Abdulaziz Rashid; Defendant/respondent: Mohammed Munir; Defendant/respondent: Mohammed Khalil; Defendant/respondent: Abdul Hafeez Rashid; Third Party: Naheema Kosar Najib; Fourth Party: Begum Jan
Jurisdiction
England and Wales
Judgment Date
22 May 2018
Procedural Posture
Appeal / Judgment on Appeal From First Instance
Outcome
Appeal dismissed
Legal Topics
Co Ownership, Beneficial Interest, Equitable Accounting, Distribution of Rental Income
Equity Property Law Co Ownership Beneficial Interest Equitable Accounting Distribution of Rental Income

Case Brief

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Parties

Mr Abdulaziz Rashid

Claimant/appellant

Mohammed Munir

Defendant/respondent

Mohammed Khalil

Defendant/respondent

Abdul Hafeez Rashid

Defendant/respondent

Naheema Kosar Najib

Third Party

Begum Jan

Fourth Party

Procedural Posture

Appeal / Judgment on Appeal From First Instance

Legal Issues

  1. 1 Whether the claimant is entitled to a share of rental payments from jointly owned properties

Ratio Decidendi

The judge found that the common intention of the parties was that the claimant was not entitled to a share of the rental income, and there was no credible evidence to the contrary. The legal presumption that equity follows the law was not displaced by the facts.

Court Disposition

Appeal dismissed

Orders

  • The claimant is not entitled to a share of the commercial rents generated from the properties.