Lunat & Anor v Lunat & Anor [2020] EWHC 1128 (QB) (07 May 2020)

Lunat & Anor v Lunat & Anor [2020] EWHC 1128 (QB) (07 May 2020)

The application for permission to appeal is dismissed because the trial judge's findings of fact regarding beneficial ownership and the source of funds were supported by evidence, admissions, and proper evaluation of credibility; there was no error of law, reversal of burden of proof, or procedural irregularity...

Source-derived case information.

Citation
[2020] EWHC 1128
Parties
Claimant/respondent: Mr Abbas Mukhtar Lunat; Claimant/respondent: Mr Mukhtar Mohmed Lunat; Defendant/appellant: Mr Adam Moosa Lunat; Defendant/appellant: Miss Fatima Lunat
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
Civil Appeal (property/trusts) / Oral Renewal of Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Beneficial Ownership, Resulting Trusts, Appeals, Findings of Fact, Burden of Proof
Property Law Trusts Law Civil Procedure Beneficial Ownership Resulting Trusts Appeals Findings of Fact Burden of Proof

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Parties

Mr Abbas Mukhtar Lunat

Claimant/respondent

Mr Mukhtar Mohmed Lunat

Claimant/respondent

Mr Adam Moosa Lunat

Defendant/appellant

Miss Fatima Lunat

Defendant/appellant

Procedural Posture

Civil Appeal (property/trusts) / Oral Renewal of Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding a 50/50 beneficial ownership agreement for the property
  2. 2 Whether the trial judge erred in finding that Mukhtar provided the upfront payment
  3. 3 Whether the judge reversed the burden of proof or applied a higher standard to the appellants' evidence

Ratio Decidendi

The application for permission to appeal is dismissed because the trial judge's findings of fact regarding beneficial ownership and the source of funds were supported by evidence, admissions, and proper evaluation of credibility; there was no error of law, reversal of burden of proof, or procedural irregularity justifying appellate intervention.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused