Sabahlar v Mehana & Anor [2001] EWCA Civ 1741 (15 November 2001)

Sabahlar v Mehana & Anor [2001] EWCA Civ 1741 (15 November 2001)

The judge's order confirming the sale was correct based on the evidence available at the time, and any claim for compensation due to delayed completion must be pursued in the Family Division, not on appeal.

Citation
[2001] EWCA Civ 1741
Parties
Petitioner/respondent: Handan Sabahlar; First Respondent/applicant: Bechir Mehana; Second Respondent: Ahmed Mehana
Jurisdiction
England and Wales
Judgment Date
15 November 2001
Procedural Posture
Family Law Appeal / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal refused
Legal Topics
Ancillary Relief, Order for Sale of Matrimonial Home, Delay in Completion, Interest on Sale Proceeds
Family Law Ancillary Relief Order for Sale of Matrimonial Home Delay in Completion Interest on Sale Proceeds

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Parties

Handan Sabahlar

Petitioner/respondent

Bechir Mehana

First Respondent/applicant

Ahmed Mehana

Second Respondent

Procedural Posture

Family Law Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in confirming the sale of the matrimonial home to the MacCuishes
  2. 2 Whether misleading information about the purchasers' financial position affected the order
  3. 3 Whether the delay in completion entitles Mr Mehana to compensation

Ratio Decidendi

The judge's order confirming the sale was correct based on the evidence available at the time, and any claim for compensation due to delayed completion must be pursued in the Family Division, not on appeal.

Court Disposition

Renewed application for permission to appeal refused