In the High Court of Justice- Family Division
Claim for financial relief under Part III of the Matrimonial and Family Proceedings Act ("MFPA") 1984 brought by Intilaq Ali Abdul Hussein ("the Wife") against her ex-husband, Fouid Hamadameen Ahmad ("the Husband"). The Wife has been represented by Mr Howard Shaw QC and the Husband by Miss Sarah Dines. They are not the only parties to the litigation. The Second and Third Respondents are companies by the name of Kubik Investments Limited and Kubik Developments Limited. They have not been represented, nor has any such representation been necessary. The Fourth and Fifth Respondents are two of the Husband's brothers, Mawlan Hamadameen Hamad ("Mawlan") and Rokan Hamadameen Hamad ("Rokan"), who, formally, were joined as parties to the proceedings by Order of District Judge Berry dated 1st August 2013, with consequential directions as to service and the filing by them of pleadings and witness statements.
Mr B.G.D. Blair QC sitting as a Deputy High Court Judge held;
“In all the circumstances and in consequence of the history and the evidence which I have recounted, it is in my judgment clear that the Wife must be awarded the UK assets to which I have made reference. To that end, appropriate orders will be required by way of property adjustment and/or for the sale of various properties. The reason that I put it so generally is that Mr Shaw confirmed to me in closing submission what I suspected, namely that the consent of the mortgagees, SCB, had not been obtained to the making of any transfer of property order in the Wife's favour.”