Shabbir Gheewalla v Saffana Rasul & Ors

Shabbir Gheewalla v Saffana Rasul & Ors

The claimant failed to prove the existence of the alleged oral consultancy agreements, but succeeded in establishing a quantum meruit claim for unjust enrichment as the defendants were enriched by his management services for the partnership properties, which were freely accepted with knowledge and expectation of payment.

Parties
Claimant: Shabbir Gheewalla; First Defendant: Saffana Rasul; Second Defendant (claim Discontinued): Akeela Ahmed; Third Defendant: Hidayat Ali Rasul
Jurisdiction
England and Wales
Judgment Date
12 December 2022
Procedural Posture
Civil (consultancy Fee/quantum Meruit) / Judgment on Liability Only
Outcome
Claim for breach of consultancy agreement dismissed; quantum meruit claim for unjust enrichment succeeds; quantum to be assessed at a further hearing.
Legal Topics
Oral Agreements, Quantum Meruit, Partnership Law, Consultancy Fees, Unjust Enrichment
Contract Law Equity Unjust Enrichment Oral Agreements Quantum Meruit Partnership Law Consultancy Fees

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Parties

Shabbir Gheewalla

Claimant

Saffana Rasul

First Defendant

Akeela Ahmed

Second Defendant (claim Discontinued)

Hidayat Ali Rasul

Third Defendant

Procedural Posture

Civil (consultancy Fee/quantum Meruit) / Judgment on Liability Only

Legal Issues

  1. 1 Whether oral consultancy agreements entitling the claimant to one-third of partnership profits existed
  2. 2 Whether the claimant is entitled to a quantum meruit award for services rendered

Ratio Decidendi

The claimant failed to prove the existence of the alleged oral consultancy agreements, but succeeded in establishing a quantum meruit claim for unjust enrichment as the defendants were enriched by his management services for the partnership properties, which were freely accepted with knowledge and expectation of payment.

Court Disposition

Claim for breach of consultancy agreement dismissed; quantum meruit claim for unjust enrichment succeeds; quantum to be assessed at a further hearing.

Orders

  • Further hearing to assess quantum of quantum meruit claim limited to management services for 51 flats during relevant period.
  • Expert evidence to be obtained on reasonable rate for such services.