Rahman v Rahman

Rahman v Rahman

The appeal failed because the judge was entitled to find, on the facts, that the breach of contract did not occur until shortly after the June 2009 meeting, due to ongoing discussions and consensual extensions, so the claim was not time-barred; further, there was no unreasonable delay or prejudice sufficient to bar relief by laches.

Parties
Claimant and Respondent: Mr Habibur Rahman; First Defendant and Appellant: Mr Azizur Rahman
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Civil Appeal / High Court Appeal From Central London County Court Final Order
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Laches, Specific Performance, Damages in Lieu of Specific Performance, Shareholder Rights, Joint Venture Agreements
Contract Law Equity Limitation of Actions Laches Specific Performance Damages in Lieu of Specific Performance Shareholder Rights Joint Venture Agreements

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Parties

Mr Habibur Rahman

Claimant and Respondent

Mr Azizur Rahman

First Defendant and Appellant

Procedural Posture

Civil Appeal / High Court Appeal From Central London County Court Final Order

Legal Issues

  1. 1 Whether the claim for damages for failure to allot shares was time-barred under the Limitation Act 1980
  2. 2 Whether the claim for specific performance was barred by laches
  3. 3 When the cause of action for breach of contract accrued

Ratio Decidendi

The appeal failed because the judge was entitled to find, on the facts, that the breach of contract did not occur until shortly after the June 2009 meeting, due to ongoing discussions and consensual extensions, so the claim was not time-barred; further, there was no unreasonable delay or prejudice sufficient to bar relief by laches.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed in its entirety.
  • The order of the Central London County Court dated 14 July 2017 stands, including the award of damages in lieu of specific performance and damages for missed or unpaid distributions.