Lunat & Anor v Lunat & Anor

The application for permission to appeal was dismissed because the trial judge's findings of fact regarding the beneficial ownership and source of funds for the property were supported by the evidence, the judge was entitled to approach the evaluation as he did, and there was no real prospect of success on appeal or compelling reason for the appeal to proceed.

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 / Oral Renewal of Application for Permission to Appeal
Outcome: Application for permission to appeal dismissed
Legal Topics: Beneficial Ownership, Resulting Trusts, Constructive Trusts, Appeals Procedure, Findings of Fact

Property Law Trusts Beneficial Ownership Resulting Trusts Constructive Trusts Appeals Procedure Findings of Fact

Case Brief

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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 / Oral Renewal of Application for Permission to Appeal

Legal Issues

1 Whether the trial judge erred in finding a 50/50 beneficial ownership agreement for the property
2 Whether the trial judge erred in finding that Mukhtar provided the upfront payment for the property
3 Whether the judge wrongly separated the questions of agreement and source of funds

Ratio Decidendi

Court Disposition

Application for permission to appeal dismissed