Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors.

Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors.

The appeal was dismissed because the judge correctly found that the facts did not justify an award of occupation rent, there was no exclusion or relevant conduct by the occupying party, and the new legal point raised by the appellant would have required a re-trial and was not permitted. The recitals to the consent order did not create strict liability for occupation rent.

Parties
Appellant/claimant: Bilal Ali (as personal representative of Farzand Ali (deceased)); 1st Respondent/defendant: Laith Khatib (as personal representative of Fateh Bibi (deceased)); 2nd Respondent/defendant: Shanaz Akhtar Ramzan (as personal representative of Mohammed Ramzan (deceased) and personally); 3rd Respondent/defendant: Mohammed Iqbal; 4th Respondent/defendant: Parveen Iqbal
Jurisdiction
England and Wales
Judgment Date
08 April 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal dismissed
Legal Topics
Occupation Rent, Equitable Accounting, Co Ownership, Probate Administration, Appeals Procedure
Property Law Probate Trusts Occupation Rent Equitable Accounting Co Ownership Probate Administration Appeals Procedure

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Parties

Bilal Ali (as personal representative of Farzand Ali (deceased))

Appellant/claimant

Laith Khatib (as personal representative of Fateh Bibi (deceased))

1st Respondent/defendant

Shanaz Akhtar Ramzan (as personal representative of Mohammed Ramzan (deceased) and personally)

2nd Respondent/defendant

Mohammed Iqbal

3rd Respondent/defendant

Parveen Iqbal

4th Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 When is occupation rent payable by a co-owner or occupier of estate property?
  2. 2 In what circumstances can new legal points be raised on appeal?
  3. 3 Does the conduct of the occupying party justify an award of occupation rent?

Ratio Decidendi

The appeal was dismissed because the judge correctly found that the facts did not justify an award of occupation rent, there was no exclusion or relevant conduct by the occupying party, and the new legal point raised by the appellant would have required a re-trial and was not permitted. The recitals to the consent order did not create strict liability for occupation rent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no order for occupation rent; no re-trial ordered.