Rashid v Munir & Ors

Rashid v Munir & Ors

The judge found that there was no common intention among the brothers that the claimant should receive a share of the rental payments, and the evidence did not support the claimant's entitlement to such payments.

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
Civil Appeal / Appeal From First Instance Judgment
Outcome
Appeal dismissed
Legal Topics
Co Ownership, Beneficial Interests, Equitable Accounting, Rental Profits
Equity Property Law Co Ownership Beneficial Interests Equitable Accounting 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

Civil Appeal / Appeal From First Instance Judgment

Legal Issues

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

Ratio Decidendi

The judge found that there was no common intention among the brothers that the claimant should receive a share of the rental payments, and the evidence did not support the claimant's entitlement to such payments.

Court Disposition

Appeal dismissed