Maghsud Azhdari v Farhang Adjari

Maghsud Azhdari v Farhang Adjari

The court found, on the balance of probabilities and based on documentary evidence, subsequent conduct, and the overall probabilities, that the claimant and defendant operated the business as a partnership and that the claimant made substantial financial contributions to the purchase and refurbishment of the...

Source-derived case information.

Parties
Claimant: Mr Maghsud Azhdari; Defendant: Mr Farhang Adjari
Jurisdiction
England and Wales
Judgment Date
11 July 2024
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Beneficial Ownership, Constructive Trust, Partnership Dissolution, Joint Venture, Remedies in Equity
Property Law Partnership Law Equity Beneficial Ownership Constructive Trust Partnership Dissolution Joint Venture Remedies in Equity

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Parties

Mr Maghsud Azhdari

Claimant

Mr Farhang Adjari

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant and defendant operated the business as a partnership
  2. 2 Whether the claimant has a beneficial interest in the property (2018 Lease)

Ratio Decidendi

The court found, on the balance of probabilities and based on documentary evidence, subsequent conduct, and the overall probabilities, that the claimant and defendant operated the business as a partnership and that the claimant made substantial financial contributions to the purchase and refurbishment of the property. The absence of contemporaneous documents and unreliable witness evidence from both parties was overcome by corroborating documents and conduct. It would be unconscionable for the defendant to deny the claimant's beneficial interest. The claimant is entitled to a declaration of partnership (dissolved in 2018) and a 50% beneficial interest in the 2018 Lease.

Court Disposition

Claim allowed

Orders

  • Declaration that the claimant and defendant were in partnership, dissolved on 14 February 2018 upon incorporation of EPPL.
  • Declaration that the claimant has a 50% beneficial interest in the 2018 Lease.