Manolete Partners PLC v Rahman & Ors [2025] EWHC 1384 (Ch) (06 June 2025)

Manolete Partners PLC v Rahman & Ors [2025] EWHC 1384 (Ch) (06 June 2025)

Mrs Rahman failed to establish, on the balance of probabilities, any express or inferred common intention with Mr Rahman that she would have a 50% beneficial interest in any of the three properties. Her evidence was inconsistent, unsupported, and lacked corroboration. She also failed to prove any substantial detrimental reliance sufficient to found a constructive trust. Accordingly, she has no beneficial interest in the properties, and the claimant is entitled to orders for sale to enforce the charging orders.

Citation
[2025] EWHC 1384 (Ch)
Parties
Claimant: Manolete Partners PLC; First Defendant: Mr Mukitur Rahman; Second Defendant: Mrs Sultana Rahman; Third Defendants: Mr Mohammed Rahman and Mrs Syeda Begum
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Civil Enforcement of Charging Orders / Final Judgment After Trial
Outcome
Claim allowed. Orders for sale of the three properties granted.
Legal Topics
Common Intention Constructive Trust, Orders for Sale, Beneficial Ownership, Charging Orders, Detrimental Reliance
Property Law Trusts Law Civil Procedure Common Intention Constructive Trust Orders for Sale Beneficial Ownership Charging Orders Detrimental Reliance

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Parties

Manolete Partners PLC

Claimant

Mr Mukitur Rahman

First Defendant

Mrs Sultana Rahman

Second Defendant

Mr Mohammed Rahman and Mrs Syeda Begum

Third Defendants

Procedural Posture

Civil Enforcement of Charging Orders / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mrs Rahman has a 50% beneficial interest in 18 Rochford Road under a common intention constructive trust
  2. 2 Whether Mrs Rahman has a 50% beneficial interest in 18 Dove Close under a common intention constructive trust
  3. 3 Whether Mrs Rahman has a 50% beneficial interest in 7 Buckland Parade under a common intention constructive trust

Ratio Decidendi

Mrs Rahman failed to establish, on the balance of probabilities, any express or inferred common intention with Mr Rahman that she would have a 50% beneficial interest in any of the three properties. Her evidence was inconsistent, unsupported, and lacked corroboration. She also failed to prove any substantial detrimental reliance sufficient to found a constructive trust. Accordingly, she has no beneficial interest in the properties, and the claimant is entitled to orders for sale to enforce the charging orders.

Court Disposition

Claim allowed. Orders for sale of the three properties granted.

Orders

  • Orders for sale of 18 Rochford Road, 18 Dove Close, and 7 Buckland Parade to enforce the charging orders securing the judgment debt.
  • Timetable for sales to be determined if not agreed by the parties.