Haque v Hussain & Ors [2020] EWHC 2739 (Ch) (16 October 2020)

Haque v Hussain & Ors [2020] EWHC 2739 (Ch) (16 October 2020)

There is a serious issue to be tried as to whether MQM Pakistan is the beneficiary of the trust properties, given arguable continuity and the founder's public handover of authority; interim relief restraining sale of properties is justified pending trial to avoid risk of irremediable prejudice.

Citation
[2020] EWHC 2739 (Ch)
Parties
Claimant: Syed Amimul Haque; Defendant: Altaf Hussain; Defendant: Iqbal Husain; Defendant: Tariq Mir; Defendant: Mohammad Anwar; Defendant: Iftikhar Hussain; Defendant: Qasim Ali Raza; Defendant: Euro Property Developments Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Interim Application Under Trustee Act 1925 / Application for Interim Relief Pending Trial
Outcome
Interim injunction granted restraining sale of six trust properties pending trial; other reliefs refused.
Legal Topics
Beneficiary Identification, Interim Injunction, Constitutional Amendments, Trustee Duties
Trusts Property Company Law Beneficiary Identification Interim Injunction Constitutional Amendments Trustee Duties

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Parties

Syed Amimul Haque

Claimant

Altaf Hussain

Defendant

Iqbal Husain

Defendant

Tariq Mir

Defendant

Mohammad Anwar

Defendant

Iftikhar Hussain

Defendant

Qasim Ali Raza

Defendant

Euro Property Developments Limited

Defendant

Procedural Posture

Interim Application Under Trustee Act 1925 / Application for Interim Relief Pending Trial

Legal Issues

  1. 1 Whether MQM Pakistan is the beneficiary of the trust properties
  2. 2 Whether interim relief should be granted restraining sale or dealing with trust properties
  3. 3 Whether consent order for transfer of properties should be approved

Ratio Decidendi

There is a serious issue to be tried as to whether MQM Pakistan is the beneficiary of the trust properties, given arguable continuity and the founder's public handover of authority; interim relief restraining sale of properties is justified pending trial to avoid risk of irremediable prejudice.

Court Disposition

Interim injunction granted restraining sale of six trust properties pending trial; other reliefs refused.

Orders

  • Defendants restrained from selling six trust properties pending trial or further order.
  • Claimant to fortify undertaking in damages by payment of £25,000 into court.