Syed Aminul Haque v Altaf Hussain & Ors.

Syed Aminul Haque v Altaf Hussain & Ors.

MQMP is the same unincorporated association as MQM, not a new party; the 2015 Constitution was not adopted; the April 2016 Constitution and its subsequent amendments govern the association; the claimant is properly appointed to represent the beneficiaries; the MQM Constitutional Issue is not a defence to the trust claims; the second stage of the trial should proceed to determine relief.

Parties
Claimant: Syed Aminul Haque; 1st Defendant: Altaf Hussain; 2nd Defendant: Iqbal Husain; 3rd Defendant: Tariq Mir; 4th Defendant: Muhammad Anwar; 5th Defendant: Iftikhar Hussain; 6th Defendant: Qasim Ali Raza; 7th Defendant: Euro Property Developments Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Civil Trust Dispute / Judgment After First Stage Trial
Outcome
MQMP is MQM; the 2015 Constitution was not adopted; the claimant is entitled to bring the claim as representative; the second stage of the trial should proceed.
Legal Topics
Removal of Trustees, Breach of Trust, Unincorporated Associations, Constitutional Validity, Representative Actions
Trusts Equity Constitutional Law Removal of Trustees Breach of Trust Unincorporated Associations Constitutional Validity Representative Actions

Case Brief

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Parties

Syed Aminul Haque

Claimant

Altaf Hussain

1st Defendant

Iqbal Husain

2nd Defendant

Tariq Mir

3rd Defendant

Muhammad Anwar

4th Defendant

Iftikhar Hussain

5th Defendant

Qasim Ali Raza

6th Defendant

Euro Property Developments Limited

7th Defendant

Procedural Posture

Civil Trust Dispute / Judgment After First Stage Trial

Legal Issues

  1. 1 Whether MQM is now known as MQMP or is a separate unincorporated association (MQM Identity Issue)
  2. 2 Whether the 2015 Constitution was adopted and binding
  3. 3 Whether the actions of the CCC in August/September 2016 were constitutional (MQM Constitutional Issue)

Ratio Decidendi

MQMP is the same unincorporated association as MQM, not a new party; the 2015 Constitution was not adopted; the April 2016 Constitution and its subsequent amendments govern the association; the claimant is properly appointed to represent the beneficiaries; the MQM Constitutional Issue is not a defence to the trust claims; the second stage of the trial should proceed to determine relief.

Court Disposition

MQMP is MQM; the 2015 Constitution was not adopted; the claimant is entitled to bring the claim as representative; the second stage of the trial should proceed.

Orders

  • Declaration that MQMP is MQM and its members are the beneficiaries of the Trusts
  • Declaration that the 2015 Constitution was not adopted