Jaffer v Jaffer [2021] EWHC 1329 (Ch) (18 May 2021)

Jaffer v Jaffer [2021] EWHC 1329 (Ch) (18 May 2021)

The Court determined that Conference should be permitted to consider the complaints about the 2020 election and decide whether to affirm the result or hold a fresh election, and that interim Office Bearers may discharge necessary functions pending Conference, without affirming the validity of the disputed elections.

Citation
[2021] EWHC 1329 (Ch)
Parties
Claimant: Dr Mohamed H Jaffer; First Defendant: Safder Jaffer; Second Defendant: Dr Munir Datoo; Third Defendant: Zaffar Khakoo; Fourth Defendant: Sajjad Rajan; Fifth Defendant: Arifali Hirji; Sixth Defendant: Ruqayya Datoo Nanjiani; Seventh Defendant: Her Majesty's Attorney-General
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Part 8 Claim / Interim Applications
Outcome
Claimant's interim application (for appointment of receiver) dismissed; second part adjourned. Defendants' interim application granted in part.
Legal Topics
Election Disputes, Unincorporated Associations, Charity Governance, Interim Relief, Fiduciary Duties
Charity Law Trusts and Probate Contract Law Election Disputes Unincorporated Associations Charity Governance Interim Relief Fiduciary Duties

Case Brief

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Parties

Dr Mohamed H Jaffer

Claimant

Safder Jaffer

First Defendant

Dr Munir Datoo

Second Defendant

Zaffar Khakoo

Third Defendant

Sajjad Rajan

Fourth Defendant

Arifali Hirji

Fifth Defendant

Ruqayya Datoo Nanjiani

Sixth Defendant

Her Majesty's Attorney-General

Seventh Defendant

Procedural Posture

Part 8 Claim / Interim Applications

Legal Issues

  1. 1 Validity of the 2020 Presidential election of the Charity
  2. 2 Power of ExCo to elect Office Bearers at the 25 July 2020 meeting
  3. 3 Jurisdiction of Conference to annul elections and order fresh elections

Ratio Decidendi

The Court determined that Conference should be permitted to consider the complaints about the 2020 election and decide whether to affirm the result or hold a fresh election, and that interim Office Bearers may discharge necessary functions pending Conference, without affirming the validity of the disputed elections.

Court Disposition

Claimant's interim application (for appointment of receiver) dismissed; second part adjourned. Defendants' interim application granted in part.

Orders

  • Interim Office Bearers authorised to discharge functions pending Conference.
  • Conference permitted to be held remotely by electronic means commencing 21 May 2021.