John Hamilton & Anor v Abigail Marshall Katung & Ors

John Hamilton & Anor v Abigail Marshall Katung & Ors

Mrs Katung did not acquire a beneficial interest in the property by payment of the deposit; the deposit is not associated property under POCA. The entirety of the property is recoverable property and vests in the Trustee. Relief from forfeiture is not available against the NCA. The funds used for the deposit were sourced through unlicensed money service business, constituting unlawful conduct.

Parties
Claimant: John Hamilton (as Trustee for Civil Recovery and Tax); Claimant: National Crime Agency; Defendant: Abigail Marshall Katung; Defendant: Marvin Katchy Yahaya Udenze; Defendant: Alvin Udenze
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Civil Recovery and Possession / Final Judgment
Outcome
Judgment for claimants; civil recovery order and possession granted.
Legal Topics
Proceeds of Crime Act, Beneficial Interest, Associated Property, Relief From Forfeiture, Money Laundering, Foreign Exchange Regulation
Civil Recovery Property Law Criminal Law Proceeds of Crime Act Beneficial Interest Associated Property Relief From Forfeiture Money Laundering +1 more

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Parties

John Hamilton (as Trustee for Civil Recovery and Tax)

Claimant

National Crime Agency

Claimant

Abigail Marshall Katung

Defendant

Marvin Katchy Yahaya Udenze

Defendant

Alvin Udenze

Defendant

Procedural Posture

Civil Recovery and Possession / Final Judgment

Legal Issues

  1. 1 Whether Mrs Katung has any beneficial interest in the property under s.245 POCA
  2. 2 Whether any beneficial interest is itself recoverable property due to unlawful conduct

Ratio Decidendi

Mrs Katung did not acquire a beneficial interest in the property by payment of the deposit; the deposit is not associated property under POCA. The entirety of the property is recoverable property and vests in the Trustee. Relief from forfeiture is not available against the NCA. The funds used for the deposit were sourced through unlicensed money service business, constituting unlawful conduct.

Court Disposition

Judgment for claimants; civil recovery order and possession granted.

Orders

  • Civil recovery order vests entirety of property in Trustee.
  • Order for possession granted to NCA.