Khetani v Kanbi

Khetani v Kanbi

The claimant, having elected to proceed to trial without the IOB documents and resisted adjournment, could not be permitted to adduce new evidence on appeal. Even if the Ladd v Marshall test was satisfied, the conduct amounted to an abuse of process. The trial judge was entitled to find that the claimant failed to discharge the burden of proving lack of authority for the addition of the defendant's name to the bonds.

Parties
Claimant/appellant: Savitaben Shamji Khetani; Defendant/respondent: Harish Shamji Kanbi
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment; Application to Adduce Further Evidence
Outcome
Appeal dismissed
Legal Topics
Admission of Fresh Evidence on Appeal, Abuse of Process, Burden of Proof, Trusts Arising From Joint Investments
Civil Procedure Trusts and Estates Admission of Fresh Evidence on Appeal Abuse of Process Burden of Proof Trusts Arising From Joint Investments

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Savitaben Shamji Khetani

Claimant/appellant

Harish Shamji Kanbi

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment; Application to Adduce Further Evidence

Legal Issues

  1. 1 Whether the claimant should be permitted to adduce new evidence on appeal
  2. 2 Whether the trial judge erred in dismissing the claimant's claim for beneficial entitlement to the proceeds of bonds

Ratio Decidendi

The claimant, having elected to proceed to trial without the IOB documents and resisted adjournment, could not be permitted to adduce new evidence on appeal. Even if the Ladd v Marshall test was satisfied, the conduct amounted to an abuse of process. The trial judge was entitled to find that the claimant failed to discharge the burden of proving lack of authority for the addition of the defendant's name to the bonds.

Court Disposition

Appeal dismissed

Orders

  • Permission to adduce further evidence set aside
  • Claim dismissed; trial court judgment affirmed