Solad Sakander Mohammed & Anor v Boston Mohammed & Ors [2018] EWHC 805 (Ch) (23 March 2018)

Solad Sakander Mohammed & Anor v Boston Mohammed & Ors [2018] EWHC 805 (Ch) (23 March 2018)

The relief sought by the claimants is disproportionate; exclusion of 13 individuals from a place of worship is not justified on the evidence. No interim injunction is granted. The matter is adjourned for further evidence and hearing. Charity Commission involvement is directed.

Citation
[2018] EWHC 805 (Ch)
Parties
Claimant: Solad Sakander Mohammed; Claimant: Ibrahim Sheikh; Defendant: Boston Mohammed; Defendant: Zulfiqar Ali; Defendant: Unnamed Defendants (total 13)
Jurisdiction
England and Wales
Judgment Date
23 March 2018
Procedural Posture
Charity/trust Dispute (injunction Application) / Interim Application for Injunction; Adjourned for Further Hearing
Outcome
Interim relief refused; application adjourned for further hearing; costs reserved with specific order for certain defendants.
Legal Topics
Charitable Trusts, Trustee Powers and Duties, Interim Injunctions, Exclusion Orders, Charity Commission Involvement
Charity Law Trusts Property Law Charitable Trusts Trustee Powers and Duties Interim Injunctions Exclusion Orders Charity Commission Involvement

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Parties

Solad Sakander Mohammed

Claimant

Ibrahim Sheikh

Claimant

Boston Mohammed

Defendant

Zulfiqar Ali

Defendant

Unnamed Defendants (total 13)

Defendant

Procedural Posture

Charity/trust Dispute (injunction Application) / Interim Application for Injunction; Adjourned for Further Hearing

Legal Issues

  1. 1 Whether interim relief (injunction/exclusion) should be granted against 13 defendants from entering the Mosque or a two-mile radius
  2. 2 Whether the claimants, as two of three trustees, have standing to seek such relief
  3. 3 Whether the dispute is properly charity proceedings requiring Charity Commission consent

Ratio Decidendi

The relief sought by the claimants is disproportionate; exclusion of 13 individuals from a place of worship is not justified on the evidence. No interim injunction is granted. The matter is adjourned for further evidence and hearing. Charity Commission involvement is directed.

Court Disposition

Interim relief refused; application adjourned for further hearing; costs reserved with specific order for certain defendants.

Orders

  • No interim injunction granted against defendants.
  • Claimants to provide order and judgment to Charity Commission and seek its direction.