Jaffer v Jaffer

Jaffer v Jaffer

The Court determined that Conference should be permitted to consider complaints about the 2020 election and decide the way forward, including the possibility of holding a fresh election, before any court intervention. Interim relief was granted to allow the Interim Office Bearers to discharge functions during Conference, but without affirming the elections held at the ExCo meeting or the 2020 election. The Claimant's application for appointment of a receiver was dismissed as not meeting the summary judgment standard, and the second part was adjourned to the Case Management Conference.

Parties
Claimant: Dr Mohamed H Jaffer; Defendant: Safder Jaffer; Defendant: Dr Munir Datoo; Defendant: Zaffar Khakoo; Defendant: Sajjad Rajan; Defendant: Arifali Hirji; Defendant: Ruqayya Datoo Nanjiani; Defendant: Her Majesty’s Attorney-General
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Part 8 Claim / Interim Applications
Outcome
Interim relief granted in part to Defendants; Claimant's application dismissed in part and adjourned in part.
Legal Topics
Election Disputes, Unincorporated Associations, Fiduciary Duties, Interim Relief, Jurisdiction of Court, Charity Governance
Charity Law Trusts and Probate Contract Law Election Disputes Unincorporated Associations Fiduciary Duties Interim Relief Jurisdiction of Court +1 more

Case Brief

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Parties

Dr Mohamed H Jaffer

Claimant

Safder Jaffer

Defendant

Dr Munir Datoo

Defendant

Zaffar Khakoo

Defendant

Sajjad Rajan

Defendant

Arifali Hirji

Defendant

Ruqayya Datoo Nanjiani

Defendant

Her Majesty’s Attorney-General

Defendant

Procedural Posture

Part 8 Claim / Interim Applications

Legal Issues

  1. 1 Whether the 2020 election for President of the Charity was valid
  2. 2 Whether ExCo had power to conduct elections at the 25 July 2020 meeting
  3. 3 Whether interim relief should be granted to authorise Office Bearers

Ratio Decidendi

The Court determined that Conference should be permitted to consider complaints about the 2020 election and decide the way forward, including the possibility of holding a fresh election, before any court intervention. Interim relief was granted to allow the Interim Office Bearers to discharge functions during Conference, but without affirming the elections held at the ExCo meeting or the 2020 election. The Claimant's application for appointment of a receiver was dismissed as not meeting the summary judgment standard, and the second part was adjourned to the Case Management Conference.

Court Disposition

Interim relief granted in part to Defendants; Claimant's application dismissed in part and adjourned in part.

Orders

  • Conference may be held remotely by electronic means.
  • Interim Office Bearers authorised to discharge functions during Conference, not affirming their election.