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

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

The claimant was not entitled to a share of the rental payments because the judge found, as a matter of fact, that there was no common intention among the brothers that the claimant should receive rent, and this finding was unassailable on appeal.

Citation
[2018] EWHC 1258 (QB)
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 Decision
Outcome
Appeal dismissed
Legal Topics
Co Ownership, Beneficial Interests, Equitable Accounting, Distribution of Rental Profits
Equity Property Law Co Ownership Beneficial Interests Equitable Accounting Distribution of Rental Profits

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 Decision

Legal Issues

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

Ratio Decidendi

The claimant was not entitled to a share of the rental payments because the judge found, as a matter of fact, that there was no common intention among the brothers that the claimant should receive rent, and this finding was unassailable on appeal.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.