Haque v Raja & Anor

Haque v Raja & Anor

The claimant's direct trust claim fails as a matter of law because Mr Khan, as purchaser for value of registered land from a sole trustee, takes free of any unregistered beneficial interest unless protected by actual occupation, which was not present. The knowing receipt claim fails for lack of credible evidence of dishonesty or knowledge on Mr Khan's part. No serious question to be tried exists; the injunction must be discharged.

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
Civil / Interlocutory Application for Continuation or Discharge of Interim Proprietary Freezing Order
Outcome
Injunction discharged
Legal Topics
Resulting Trusts, Constructive Trusts, Overreaching, Land Registration, Knowing Receipt, Interim Injunctions
Trusts Property 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

Civil / Interlocutory Application for Continuation or Discharge of Interim Proprietary Freezing Order

Legal Issues

  1. 1 Whether the interim proprietary freezing order should be continued until trial or discharged
  2. 2 Whether the claimant has a beneficial interest in the property held by Ms Raja
  3. 3 Whether Mr Khan holds the property on trust for the claimant

Ratio Decidendi

The claimant's direct trust claim fails as a matter of law because Mr Khan, as purchaser for value of registered land from a sole trustee, takes free of any unregistered beneficial interest unless protected by actual occupation, which was not present. The knowing receipt claim fails for lack of credible evidence of dishonesty or knowledge on Mr Khan's part. No serious question to be tried exists; the injunction must be discharged.

Court Disposition

Injunction discharged

Orders

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