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 open to him on the evidence, were supported by detailed reasoning, and there is no real prospect of success on appeal nor any compelling reason for the appeal...

Source-derived case information.

Citation
[2020] EWHC 1128 (QB)
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
Application for Permission to Appeal (oral Renewal) / High Court, Queen's Bench Division, Post Trial, Permission to Appeal Hearing
Outcome
Application for permission to appeal dismissed
Legal Topics
Beneficial Ownership, Resulting Trusts, Constructive Trusts, Appeals, Findings of Fact
Property Law Trusts Beneficial Ownership Resulting Trusts Constructive Trusts Appeals Findings of Fact

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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

Application for Permission to Appeal (oral Renewal) / High Court, Queen's Bench Division, Post Trial, Permission to Appeal Hearing

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 for the property
  3. 3 Whether the judge wrongly separated the issues of agreement and source of funds

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 open to him on the evidence, were supported by detailed reasoning, and there is no real prospect of success on appeal nor any compelling reason for the appeal to proceed.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused