Alnajjar & Anor v Majeed & Anor [2022] EWHC 686 (Ch) (25 March 2022)

Alnajjar & Anor v Majeed & Anor [2022] EWHC 686 (Ch) (25 March 2022)

The partnership between the claimants and Mr Majeed was dissolved by commencement of proceedings. The partnership assets include specified properties and company shares. Due to Mr Majeed's failure to account, the court accepted the claimants' evidence and expert calculations as to capital contributions and returns. The claimants are entitled to sale of partnership assets, indemnity for partnership debts, and declarations as to beneficial ownership. Mr Majeed is responsible for planning breaches affecting partnership properties.

Citation
[2022] EWHC 686 (Ch)
Parties
Claimant: Mr Fadhel Salman Hubail Alnajjar; Claimant: Dr Abdulshaheed Ebrahim Fadhul Ali; Defendant: Mr Dana Samal Majeed; Defendant: Mrs Shireen Road Ismail
Jurisdiction
England and Wales
Judgment Date
25 March 2022
Procedural Posture
Partnership Dispute / Final Judgment After Trial; Defendants Debarred and Did Not Appear
Outcome
Judgment for the claimants
Legal Topics
Dissolution of Partnership, Accounting and Winding Up, Breach of Fiduciary Duty, Trust Property, Indemnity for Partnership Debts, Planning Law Breaches
Partnership Law Equity and Trusts Property Law Dissolution of Partnership Accounting and Winding Up Breach of Fiduciary Duty Trust Property Indemnity for Partnership Debts +1 more

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Parties

Mr Fadhel Salman Hubail Alnajjar

Claimant

Dr Abdulshaheed Ebrahim Fadhul Ali

Claimant

Mr Dana Samal Majeed

Defendant

Mrs Shireen Road Ismail

Defendant

Procedural Posture

Partnership Dispute / Final Judgment After Trial; Defendants Debarred and Did Not Appear

Legal Issues

  1. 1 Existence and dissolution of partnership
  2. 2 Identification of partnership assets
  3. 3 Entitlement to capital and profits

Ratio Decidendi

The partnership between the claimants and Mr Majeed was dissolved by commencement of proceedings. The partnership assets include specified properties and company shares. Due to Mr Majeed's failure to account, the court accepted the claimants' evidence and expert calculations as to capital contributions and returns. The claimants are entitled to sale of partnership assets, indemnity for partnership debts, and declarations as to beneficial ownership. Mr Majeed is responsible for planning breaches affecting partnership properties.

Court Disposition

Judgment for the claimants

Orders

  • Declaration of partnership and its dissolution as of 23 June 2020
  • Order for sale of partnership properties and company shares as specified in the order