Haque v Raja & Anor [2016] EWHC 1950 (Ch) (28 July 2016)

Haque v Raja & Anor [2016] EWHC 1950 (Ch) (28 July 2016)

The claimant's direct trust claim fails as a matter of law because the Land Registration Act 2002 confers priority to the registered proprietor over unregistered beneficial interests unless protected by actual occupation, which the claimant did not have. The knowing receipt claim fails for lack of credible evidence of dishonesty or knowledge on the part of Mr Khan. There is no serious question to be tried on either ground, so the injunction must be discharged.

Citation
[2016] EWHC 1950 (Ch)
Parties
Claimant: Mr Samsul Haque; First Defendant: Ms Mukhlisha Raja; Second Defendant: Mr Sheraz Ali Khan
Jurisdiction
England and Wales
Judgment Date
28 July 2016
Procedural Posture
Chancery Division Civil Claim / Application for Continuation of Interim Proprietary Freezing Order
Outcome
Application refused; injunction discharged
Legal Topics
Resulting Trusts, Constructive Trusts, Overreaching, Land Registration, Knowing Receipt, Interim Injunctions
Property Law Trusts Law Equity Resulting Trusts Constructive Trusts Overreaching Land Registration Knowing Receipt +1 more

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Parties

Mr Samsul Haque

Claimant

Ms Mukhlisha Raja

First Defendant

Mr Sheraz Ali Khan

Second Defendant

Procedural Posture

Chancery Division Civil Claim / Application for Continuation of Interim Proprietary Freezing Order

Legal Issues

  1. 1 Whether the interim proprietary freezing order should be continued until trial
  2. 2 Whether the claimant has a beneficial interest in the property held on trust
  3. 3 Whether the claimant's interest binds the property in the hands of the purchaser under land registration law

Ratio Decidendi

The claimant's direct trust claim fails as a matter of law because the Land Registration Act 2002 confers priority to the registered proprietor over unregistered beneficial interests unless protected by actual occupation, which the claimant did not have. The knowing receipt claim fails for lack of credible evidence of dishonesty or knowledge on the part of Mr Khan. There is no serious question to be tried on either ground, so the injunction must be discharged.

Court Disposition

Application refused; injunction discharged

Orders

  • The interim proprietary freezing order against Mr Khan is discharged.