Manolete Partners PLC v Mukitur Rahman & Ors

Manolete Partners PLC v Mukitur Rahman & Ors

Mrs Rahman failed to establish, on the balance of probabilities, any common intention or detrimental reliance sufficient to create a beneficial interest in any of the properties. Her evidence was inconsistent, unsupported, and lacked credibility. Orders for sale are appropriate to enforce the charging orders.

Parties
Claimant: Manolete Partners PLC; First Defendant: Mr Mukitur Rahman; Second Defendant: Mrs Sultana Rahman; Third Defendants: Mr and Mrs M Rahman
Jurisdiction
England and Wales
Judgment Date
06 June 2025
Procedural Posture
Civil Enforcement / Judgment
Outcome
Orders for sale granted; Mrs Rahman’s claim for beneficial interest dismissed.
Legal Topics
Common Intention Constructive Trust, Order for Sale, Charging Orders, Detrimental Reliance
Property Law Trusts Civil Procedure Common Intention Constructive Trust Order for Sale Charging Orders Detrimental Reliance

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Parties

Manolete Partners PLC

Claimant

Mr Mukitur Rahman

First Defendant

Mrs Sultana Rahman

Second Defendant

Mr and Mrs M Rahman

Third Defendants

Procedural Posture

Civil Enforcement / Judgment

Legal Issues

  1. 1 Whether Mrs Rahman has a 50% beneficial interest in 18 Rochford Road under a common intention constructive trust
  2. 2 Whether Mrs Rahman has a 50% beneficial interest in 18 Dove Close under a common intention constructive trust
  3. 3 Whether Mrs Rahman has a 50% beneficial interest in 7 Buckland Parade under a common intention constructive trust

Ratio Decidendi

Mrs Rahman failed to establish, on the balance of probabilities, any common intention or detrimental reliance sufficient to create a beneficial interest in any of the properties. Her evidence was inconsistent, unsupported, and lacked credibility. Orders for sale are appropriate to enforce the charging orders.

Court Disposition

Orders for sale granted; Mrs Rahman’s claim for beneficial interest dismissed.

Orders

  • Orders for sale of 18 Rochford Road, 18 Dove Close, and 7 Buckland Parade to enforce charging orders securing the judgment debt.
  • Timetable for sales to be determined if parties cannot agree.