Haque v Hussain & Ors [2023] EWHC 502 (Ch) (13 March 2023)

Haque v Hussain & Ors [2023] EWHC 502 (Ch) (13 March 2023)

The court found that MQM and MQMP are not separate associations; MQMP is the continuation of MQM under a new name. The 2016 constitutional amendments were validly made under the applicable constitution, and the claimant is properly appointed as representative of the beneficiaries. The active defendants' arguments based on the 2015 Constitution and lack of Altaf Hussain's assent were rejected due to lack of credible evidence that the 2015 Constitution was ever validly adopted. The claimant has standing to bring the claim as representative of the trust beneficiaries.

Citation
[2023] EWHC 502 (Ch)
Parties
Claimant: Syed Aminul Haque; 1st Defendant: Altaf Hussain; 2nd Defendant: Iqbal Husain; 3rd Defendant: Tariq Mir; 4th Defendant: Muhammad Anwar; 5th Defendant: Iftikhar Hussain; 6th Defendant: Qasim Ali Raza; 7th Defendant: Euro Property Developments Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Trusts/chancery / First Stage Trial on Constitutional Issues
Outcome
Declaration in favour of claimant on constitutional issues; claimant is representative of trust beneficiaries; active defendants' constitutional defences rejected; further issues (removal, breach of trust, relief) reserved for second stage.
Legal Topics
Removal of Trustees, Breach of Trust, Unincorporated Associations, Constitutional Validity, Beneficiary Representation
Trusts Chancery Property Associations Removal of Trustees Breach of Trust Unincorporated Associations Constitutional Validity +1 more

Case Brief

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Parties

Syed Aminul Haque

Claimant

Altaf Hussain

1st Defendant

Iqbal Husain

2nd Defendant

Tariq Mir

3rd Defendant

Muhammad Anwar

4th Defendant

Iftikhar Hussain

5th Defendant

Qasim Ali Raza

6th Defendant

Euro Property Developments Limited

7th Defendant

Procedural Posture

Trusts/chancery / First Stage Trial on Constitutional Issues

Legal Issues

  1. 1 Whether MQM is now known as MQMP or is a separate unincorporated association
  2. 2 Whether those now in control are acting unconstitutionally under the applicable constitution
  3. 3 Whether constitutional changes in August/September 2016 were valid under the relevant constitution

Ratio Decidendi

The court found that MQM and MQMP are not separate associations; MQMP is the continuation of MQM under a new name. The 2016 constitutional amendments were validly made under the applicable constitution, and the claimant is properly appointed as representative of the beneficiaries. The active defendants' arguments based on the 2015 Constitution and lack of Altaf Hussain's assent were rejected due to lack of credible evidence that the 2015 Constitution was ever validly adopted. The claimant has standing to bring the claim as representative of the trust beneficiaries.

Court Disposition

Declaration in favour of claimant on constitutional issues; claimant is representative of trust beneficiaries; active defendants' constitutional defences rejected; further issues (removal, breach of trust, relief) reserved for second stage.

Orders

  • Declaration that MQMP is the continuation of MQM and entitled to benefit of the trusts.
  • Declaration that claimant is properly appointed representative of the beneficiaries.