BBS Law Successfully Obtains Injunction to Preserve Estate Assets in Shara Ishaq Kara v Hamida Kara

BBS Law (led by David Bondt) successfully obtains injunction (property asset preservation order) to preserve estate assets in Shara Ishaq Kara v Hamida Kara 

Background 

The hearing was in relation to the unadministered estates of Hussein Issa Lota Kara (“Hussein”) and Ayub Essa Lota Kara (“Ayub”). Ayub was our client (Shara)’s husband and the defendant (Hamida Kara)’s brother. Hussein was also Hamida Kara’s other brother. 

Following Ayub’s passing in June 2024, Shara and Hamida were both named executors of his estate and had jointly instructed solicitors to act for them in the administration of his estate. 

Previously to Ayub’s death, Hussein had passed away in March 2022 with Ayub named as his executor and a grant of probate being issued in February 2023. In accordance with the chain of representation, that meant that upon Hussein’s death, both Shara Kara and Hamida Kara should have been named as executors of Hussein’s estate.   

Key issues the court had to consider

Hamida subsequently extracted an unlimited Grant De Bonis Non from the probate registry in May 2025, naming herself as sole executor of Hussein’s estate and without notice to Shara. This is a special type of grant of probate when a personal representative of an estate dies (in this case, Hussein) or becomes mentally incapable before completing the estate’s administration, and the chain of representation is broken. 

Hamida subsequently advertised Hussein’s property on the open market, without disclosing this to Shara. 

On behalf of Shara, BBS Law issued, two separate claims in relation to this matter, a Part 7 claim to revoke the Grant De Bonis Non and a Part 8 claim to remove Hamida as executor and trustee of both Ayub’s and Hussein’s estates. 

In addition, given steps taken to administer Hussein’s estates, BBS Law were instructed to apply for a proprietary injunction to restrain Hamida from dealing with Hussein’s estate prior to the Part 7 and Part 8 claims being determined by the court, pursuant to s37 Senior Courts Act 1981, CPR 25.1(1)(c),(i), (m). 

BBS Law obtains a Proprietary Injunction

The hearing took place before His Honour Judge Cawson KC in the High Court of Justice in Manchester. Oliver Hilton of Radcliffe Chambers was instructed by BBS Law. 

The court had to consider the risks of dissipation of assets and The American Cyanamid Test (American Cyanamid Co v Ethicon Ltd (1975)) and complex case management issues. 

The court ordered the property asset preservation order injunction to preserve Hussein’s assets and prevent Hamida from disposing or dealing with those assets pending the trial of the combined Part 7 and Part 8 claims.