Malik v Malik

Malik v Malik

The judge was correct to refuse summary judgment because the facts regarding Vaqar's intention and the basis of his occupation are unclear and require investigation at trial; the legal position on the effect of occupation by permission of a third party is unsettled; whether there was an abuse of process also...

Source-derived case information.

Parties
Appellant: Vaqar Malik; Appellant: Fahim Malik; Appellant: Rahim Malik; Respondent: Iftikhar Ahmad Malik
Jurisdiction
England and Wales
Judgment Date
21 June 2019
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Appeal Against Summary Judgment Refusal
Outcome
appeal dismissed
Legal Topics
Adverse Possession, Abuse of Process, Summary Judgment, Trusts, Proprietary Estoppel
Property Law Civil Procedure Adverse Possession Abuse of Process Summary Judgment Trusts Proprietary Estoppel

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Parties

Vaqar Malik

Appellant

Fahim Malik

Appellant

Rahim Malik

Appellant

Iftikhar Ahmad Malik

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Appeal Against Summary Judgment Refusal

Legal Issues

  1. 1 Whether the judge erred in refusing summary judgment on the adverse possession defence
  2. 2 Whether the adverse possession defence was an abuse of process
  3. 3 Whether there was a compelling reason for the matter to go to trial

Ratio Decidendi

The judge was correct to refuse summary judgment because the facts regarding Vaqar's intention and the basis of his occupation are unclear and require investigation at trial; the legal position on the effect of occupation by permission of a third party is unsettled; whether there was an abuse of process also requires a full factual investigation; there are compelling reasons for the matter to proceed to trial.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed