Bhamani & Ors v Sattar & Ors

Bhamani & Ors v Sattar & Ors

Management Committee and Trustees do not have an absolute or unfettered right to exclude Defendants from the property; their powers must be exercised to further charitable purposes and interests of the community. There are serious factual and legal issues requiring trial. Summary judgment is refused. Interim injunction is not granted, but application is adjourned on terms that Defendants give revised undertakings limiting activities on property. Claimants may restore application if undertakings are breached.

Parties
Claimant: Mehboob Bhamani; Claimant: Sheik Basheer; Claimant: Mohammedarif Habiburrehman Sheikh; Claimant: Iqbal Mahmood; Claimant: Huzaifa Sayed; Defendant: Abdul Sattar; Defendant: Habib Qamar; Defendant: Talat Riaz; Defendant: Anjum Riaz; Defendant: Mohammed Akbar Sarwar; Defendant: Rais Ahmed; Defendant: Mohammad Abdul Raoof; Defendant: Jawed Mumtaz; Defendant: Khalid Kadiri; Defendant: Yusuf Al Dahri; Defendant: Adil Ali Mumin; Defendant: Ubaidullah Mohammed; Defendant: Hussain Mohammed; Defendant: Nadeem Chowdary; Defendant: Moinuddin Qadri
Jurisdiction
England and Wales
Judgment Date
17 September 2020
Procedural Posture
Civil / Interlocutory Judgment on Summary Judgment and Interim Injunction Applications
Outcome
Application for summary judgment dismissed; application for interim injunction adjourned on terms; revised undertakings accepted.
Legal Topics
Charity Trustees' Powers, Injunctions, Summary Judgment, Trespass, Management of Places of Worship, Unincorporated Associations, Fiduciary Duties
Charity Law Trusts Property Law Civil Procedure Charity Trustees' Powers Injunctions Summary Judgment Trespass +3 more

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Parties

Mehboob Bhamani

Claimant

Sheik Basheer

Claimant

Mohammedarif Habiburrehman Sheikh

Claimant

Iqbal Mahmood

Claimant

Huzaifa Sayed

Claimant

Abdul Sattar

Defendant

Habib Qamar

Defendant

Talat Riaz

Defendant

Anjum Riaz

Defendant

Mohammed Akbar Sarwar

Defendant

Rais Ahmed

Defendant

Mohammad Abdul Raoof

Defendant

Jawed Mumtaz

Defendant

Khalid Kadiri

Defendant

Yusuf Al Dahri

Defendant

Adil Ali Mumin

Defendant

Ubaidullah Mohammed

Defendant

Hussain Mohammed

Defendant

Nadeem Chowdary

Defendant

Moinuddin Qadri

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Summary Judgment and Interim Injunction Applications

Legal Issues

  1. 1 Whether the Management Committee and Trustees have unilateral right to exclude Defendants from Wembley Central Masjid property
  2. 2 Whether summary judgment should be granted restraining Defendants from entering or remaining on the property
  3. 3 Whether interim injunction should be granted pending trial

Ratio Decidendi

Management Committee and Trustees do not have an absolute or unfettered right to exclude Defendants from the property; their powers must be exercised to further charitable purposes and interests of the community. There are serious factual and legal issues requiring trial. Summary judgment is refused. Interim injunction is not granted, but application is adjourned on terms that Defendants give revised undertakings limiting activities on property. Claimants may restore application if undertakings are breached.

Court Disposition

Application for summary judgment dismissed; application for interim injunction adjourned on terms; revised undertakings accepted.

Orders

  • Defendants to give undertakings as set out in Appendix limiting activities on property.
  • Claimants granted permission to restore application for injunction if undertakings breached.