Solad Sakander Mohammed & Anor v Boston Mohammed & Ors

Solad Sakander Mohammed & Anor v Boston Mohammed & Ors

The relief sought by the claimants is disproportionate. Excluding 13 individuals from a place of worship and imposing a two-mile exclusion zone is not justified on the evidence. The court will not grant interim relief pending a full hearing, but directs that the Charity Commission be notified and involved. The application is adjourned for further evidence and submissions.

Parties
Claimant: Solad Sakander Mohammed; Claimant: Another (co-claimant, not named); Defendant: Boston Mohammed & Others
Jurisdiction
England and Wales
Judgment Date
23 March 2018
Procedural Posture
Civil (charity/trust Dispute) / Interim Application for Injunction (adjourned)
Outcome
Interim relief refused; application adjourned for further hearing.
Legal Topics
Interim Injunctions, Charitable Trusts, Trustee Powers, Exclusion Orders, Charity Commission Consent
Charity Law Trusts Civil Procedure Interim Injunctions Charitable Trusts Trustee Powers Exclusion Orders Charity Commission Consent

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Parties

Solad Sakander Mohammed

Claimant

Another (co-claimant, not named)

Claimant

Boston Mohammed & Others

Defendant

Procedural Posture

Civil (charity/trust Dispute) / Interim Application for Injunction (adjourned)

Legal Issues

  1. 1 Whether interim relief should be granted to exclude 13 named defendants from the mosque and a two-mile radius
  2. 2 Whether the claimants, as two of three registered proprietors/trustees, have standing to seek such relief
  3. 3 Whether the dispute should be subject to Charity Commission oversight

Ratio Decidendi

The relief sought by the claimants is disproportionate. Excluding 13 individuals from a place of worship and imposing a two-mile exclusion zone is not justified on the evidence. The court will not grant interim relief pending a full hearing, but directs that the Charity Commission be notified and involved. The application is adjourned for further evidence and submissions.

Court Disposition

Interim relief refused; application adjourned for further hearing.

Orders

  • Application for interim injunction refused pending adjourned hearing.
  • Claimants to provide order and judgment to Charity Commission and seek its direction.