Saeed & Anor v Ibrahim & Ors

Saeed & Anor v Ibrahim & Ors

The application to strike out the second claimant's claims is dismissed. The application was late, unclear, and did not provide sufficient notice to treat it as a summary judgment application. The issues of limitation, concealment, and the nature of the trusts are fact-sensitive and unsuitable for summary disposal at this stage. There is no fatal conflict of interest between the claimants, and the second claimant's pleaded case on limitation is sufficient to proceed to trial.

Parties
Claimant: Mohammad Saeed; Claimant: Yaymeen Saeed; Defendant: Mr Mohamed Ibrahim; Defendant: Mrs Naheeda Khan; Defendant: Mooeenuddin Ibrahim; Defendant: Sadeka Ibrahim; Defendant: Hisamuddin Ibrahim
Jurisdiction
England and Wales
Judgment Date
09 January 2018
Procedural Posture
Civil / Interlocutory Application (strike Out/summary Judgment) Prior to Trial
Outcome
Application dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Knowing Receipt, Knowing Assistance, Illegality Doctrine, Limitation of Actions, Strike Out Applications, Summary Judgment
Trusts Civil Procedure Constructive Trusts Resulting Trusts Knowing Receipt Knowing Assistance Illegality Doctrine Limitation of Actions +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Mohammad Saeed

Claimant

Yaymeen Saeed

Claimant

Mr Mohamed Ibrahim

Defendant

Mrs Naheeda Khan

Defendant

Mooeenuddin Ibrahim

Defendant

Sadeka Ibrahim

Defendant

Hisamuddin Ibrahim

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out/summary Judgment) Prior to Trial

Legal Issues

  1. 1 Whether the second claimant's claims should be struck out for limitation or illegality
  2. 2 Whether the application should be treated as a summary judgment application under CPR 24 or as a strike out under CPR 3.4(2)(a)
  3. 3 Whether the second claimant's claims are based on institutional or remedial trusts

Ratio Decidendi

The application to strike out the second claimant's claims is dismissed. The application was late, unclear, and did not provide sufficient notice to treat it as a summary judgment application. The issues of limitation, concealment, and the nature of the trusts are fact-sensitive and unsuitable for summary disposal at this stage. There is no fatal conflict of interest between the claimants, and the second claimant's pleaded case on limitation is sufficient to proceed to trial.

Court Disposition

Application dismissed

Orders

  • Application to strike out the second claimant's claims is dismissed
  • Further directions on particulars of limitation to be considered at handing down of judgment