Salim Moosa & Ors v Karim Issa Mawji
| Court | Chancery Division |
| Judge | Mrs Justice Joanna |
| Neutral Citation | [2024] EWHC 335 (Ch) |
| Date | 16 February 2024 |
| Year | 2024 |
| Counsel | Mr Edward Brown Kc,Mr Alex Riddiford,Mr Simon Atkinson,Mr Theo Dixon |
Neutral Citation Number: [2024] EWHC 335 (Ch)
Case No: PT-2020-000449
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
PROPERTY, TRUSTS AND PROBATE LIST (CHANCERY DIVISION)
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 16/02/2024
Before :
THE HONOURABLE MRS JUSTICE JOANNA SMITH DBE
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Between :
(1) SALIM MOOSA
(2) SHAUKAT ALI MOOSA
(3) GOOLAM HOOSEN MOOSA
Claimants
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KARIM ISSA MAWJI
Defendant
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Mr Edward Brown KC and Mr Alex Riddiford (instructed by Rahman Ravelli Solicitors)
for the Claimants
Mr Simon Atkinson and Mr Theo Dixon (instructed by Teacher Stern LLP) for the
Defendant
Hearing date: 8 February 2024
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JUDGMENT
Mrs Justice Joanna Smith:
1. At a Pre-Trial Review in this action held on 8 February 2024, the Claimants made an
application for disclosure pursuant to CPR Practice Direction 57AD, paragraph 17. It
was accepted at the hearing that the inevitable consequence of the court granting the
application was that the trial date would be lost. I heard detailed argument on the
point and rejected the application, giving directions for the conduct of the case to trial.
In doing so, I gave brief reasons but confirmed that I would provide the parties with
more detailed reasons as soon as possible. These are my detailed reasons, which are
to be taken as replacing in full the brief reasons I gave at the hearing.
The Background to the Claim
2. By their claim, issued on 15 June 2020, the Claimants, who reside in South Africa and
own and operate a number of family businesses including a portfolio of investment
and development properties (“the Property Portfolio”), allege that in 2000, they
orally agreed with the Defendant that he would manage that portfolio as their sole
agent and advisor. They allege that whilst providing these services, the Defendant
acted in breach of fiduciary and other duties he owed to the Claimants and/or in
breach of trust and/or contract. They also allege that in 2004 the Defendant procured
the restructuring of the Property Portfolio by changing the corporate service provider
of the holding companies of the Property Portfolio to companies under his own
control and by causing to be established a number of Liechtenstein entities which it is
said were accustomed to act in accordance with his instructions. In a schedule to the
Particulars of Claim, the Claimants identify a number of specific investment projects
which were pursued in respect of five properties in England and one property in
Germany (“the Investment Projects”). All of the Investment Projects concern
transactions which occurred, or commenced, many years ago.
3. The Claimants assert that the Defendant has failed to deliver a true and full account to
the Claimants upon request and they seek by way of relief, in summary: (i) an account
of all dealings with the Property Portfolio including sales of property and income
from the portfolio during the period 2000 to 2019, together with the manner in which
the Defendant applied any sale proceeds, or income or other money from the Property
Portfolio; (ii) an inquiry as to what balance of the money remains in the Defendant’s
hands or under his control, subject to giving credit for legitimate expenses in
managing the Property Portfolio; (iii) an account of what is due to the Claimants from
the Defendant in respect of money received by him and/or by companies in which he
had a direct or indirect beneficial interest; (iv) a declaration that the Defendant is
personally liable to make good all sums received by him as trustee or agent of the
Claimants, not duly accounted for; and (v) an order that the Defendant shall pay such
sums as are due to the Claimants upon the taking of the accounts.
4. In addition, the Claimants allege that the Defendant threatened to misappropriate
assets relating to an investment opportunity in land in South Africa in respect of
which the Claimants say they have an indirect beneficial interest. The Claimants seek
equitable relief preventing such misappropriation by the Defendant through his
dealings with companies with interests in the land.
5. The Defendant denies that he owes the duties alleged and that he procured the
restructuring of the Property Portfolio. He says that he did not provide the property
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