Uddin v Bashir & Ors

Uddin v Bashir & Ors

The 10th February 2005 document is genuine and binding between the claimant, first defendant, and second defendant. It does not affect the claimant's beneficial interest in Lloyds Restaurant or 3-7 Station Road, which are governed by the 11th July 2004 and 24th March 2005 deeds. The claimant ceased to be a partner in Jalalabad Restaurant and has no beneficial interest in Mango Spice Restaurant or 6A Hill Village Road. The first defendant is liable to account to the claimant for specified sums relating to rent and loans, subject to adjustments in beneficial interests upon payment.

Parties
Claimant: Kamal Uddin; Defendant: Abdul Bashir; Defendant: Abdul Mukith; Defendant: Hosoun Miah; Defendant: Nanu Miah; Defendant: Monowar Hussain
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Civil / Judgment
Outcome
Claims partially allowed; claimant entitled to specified accounts and sums, but not to partnership interests in Mango Spice Restaurant or 6A Hill Village Road.
Legal Topics
Beneficial Ownership, Trustee Accounting, Partnership Dissolution, Breach of Trust, Rectification, Property Interests
Trusts Partnership Property Accounting Beneficial Ownership Trustee Accounting Partnership Dissolution Breach of Trust +2 more

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Parties

Kamal Uddin

Claimant

Abdul Bashir

Defendant

Abdul Mukith

Defendant

Hosoun Miah

Defendant

Nanu Miah

Defendant

Monowar Hussain

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Authenticity and effect of the 10th February 2005 document
  2. 2 Beneficial interests in Lloyds Restaurant and 3-7 Station Road
  3. 3 Beneficial interests in 763 Old Lode Lane

Ratio Decidendi

The 10th February 2005 document is genuine and binding between the claimant, first defendant, and second defendant. It does not affect the claimant's beneficial interest in Lloyds Restaurant or 3-7 Station Road, which are governed by the 11th July 2004 and 24th March 2005 deeds. The claimant ceased to be a partner in Jalalabad Restaurant and has no beneficial interest in Mango Spice Restaurant or 6A Hill Village Road. The first defendant is liable to account to the claimant for specified sums relating to rent and loans, subject to adjustments in beneficial interests upon payment.

Court Disposition

Claims partially allowed; claimant entitled to specified accounts and sums, but not to partnership interests in Mango Spice Restaurant or 6A Hill Village Road.

Orders

  • First defendant to account to claimant for £18,353.13 as rent for 3-7 Station Road (2003-2009).
  • First defendant to account to claimant for £35,555.78 as part of loan proceeds on 3-7 Station Road, subject to adjustment of beneficial interests.