Mohammed Imtiaz and others against Arif Saddiq and others (Sheriff Court Civil) [2025] SCFAL 25 (15 April 2025)

Mohammed Imtiaz and others against Arif Saddiq and others (Sheriff Court Civil) [2025] SCFAL 25 (15 April 2025)

The action is, in substance, a challenge to the exercise of powers by the Association's executive committee and general meeting under its constitution, falling within the supervisory jurisdiction of the Court of Session, which is exclusive; the sheriff court lacks jurisdiction and must dismiss the action.

Citation
[2025] SCFAL 25
Parties
Pursuer: Mohammed Imtiaz; Pursuer: Mohammed Safdar; Pursuer: Liaquat Ali; Defender: Arif Saddiq; Defender: Mashood Ul Haq; Defender: Muhammad Jawwad; Defender: Nadeem Rabbani; Defender: Naeem Rashid; Defender: Shraz Abdul Khaliq; Defender: Tahir Zaheer Khan; Defender: Taimur Shakir; Defender: Waseem Anwar; Defender: Muhammed Haja
Jurisdiction
Scotland
Judgment Date
15 April 2025
Procedural Posture
Civil Action (sheriff Court) / Preliminary Plea to Jurisdiction
Outcome
Action dismissed for want of jurisdiction.
Legal Topics
Jurisdiction, Supervisory Jurisdiction, Unincorporated Associations, Judicial Review, Expulsion of Trustees
Civil Procedure Charity Law Association Law Jurisdiction Supervisory Jurisdiction Unincorporated Associations Judicial Review Expulsion of Trustees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Mohammed Imtiaz

Pursuer

Mohammed Safdar

Pursuer

Liaquat Ali

Pursuer

Arif Saddiq

Defender

Mashood Ul Haq

Defender

Muhammad Jawwad

Defender

Nadeem Rabbani

Defender

Naeem Rashid

Defender

Shraz Abdul Khaliq

Defender

Tahir Zaheer Khan

Defender

Taimur Shakir

Defender

Waseem Anwar

Defender

Muhammed Haja

Defender

Procedural Posture

Civil Action (sheriff Court) / Preliminary Plea to Jurisdiction

Legal Issues

  1. 1 Whether the sheriff court has jurisdiction to entertain an action challenging decisions of an unincorporated association under its constitution
  2. 2 Whether the action is properly brought in the sheriff court or must be brought by judicial review in the Court of Session

Ratio Decidendi

The action is, in substance, a challenge to the exercise of powers by the Association's executive committee and general meeting under its constitution, falling within the supervisory jurisdiction of the Court of Session, which is exclusive; the sheriff court lacks jurisdiction and must dismiss the action.

Court Disposition

Action dismissed for want of jurisdiction.

Orders

  • Action dismissed.
  • All questions of expenses reserved.