Sheikh Abdulrahman Khalid Bin Mahfouz v Sheikh Sultan Bin Mahfouz & Anor

Sheikh Abdulrahman Khalid Bin Mahfouz v Sheikh Sultan Bin Mahfouz & Anor

The defence advanced by the defendant is wholly incredible, inconsistent with documentary evidence, prior statements, and conduct. The money was not a gift but held on trust for a failed purpose. The claimants are entitled to summary judgment for repayment.

Parties
Claimant: Sheikh Abdulrahman Khalid bin Mahfouz; Claimant: Sheikh Sultan bin Mahfouz; Claimant: Eman bin Mahfouz; Claimant: Naela bint Abdulaziz Mohammed Kaki; Claimant: The Arab Asian International Holding Company (Closed); Defendant: Muhaned Farid Mahmoud El Rashid; Defendant: The Noble Holdings Group Corp (BVI)
Jurisdiction
England and Wales
Judgment Date
25 May 2016
Procedural Posture
Civil / Summary Judgment
Outcome
summary judgment for claimants
Legal Topics
Summary Judgment, Misappropriation of Funds, Breach of Trust, Personal Guarantee
Commercial Law Trust Law Summary Judgment Misappropriation of Funds Breach of Trust Personal Guarantee

Case Brief

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Parties

Sheikh Abdulrahman Khalid bin Mahfouz

Claimant

Sheikh Sultan bin Mahfouz

Claimant

Eman bin Mahfouz

Claimant

Naela bint Abdulaziz Mohammed Kaki

Claimant

The Arab Asian International Holding Company (Closed)

Claimant

Muhaned Farid Mahmoud El Rashid

Defendant

The Noble Holdings Group Corp (BVI)

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether the €35 million was a gift or held on trust for a specific purpose
  2. 2 Whether the defendants have a real prospect of defending the claim
  3. 3 Whether summary judgment should be granted

Ratio Decidendi

The defence advanced by the defendant is wholly incredible, inconsistent with documentary evidence, prior statements, and conduct. The money was not a gift but held on trust for a failed purpose. The claimants are entitled to summary judgment for repayment.

Court Disposition

summary judgment for claimants

Orders

  • Judgment entered for €35 million plus interest