Omanovic v Shamaazi Ltd & Anor [2025] EWHC 131 (KB) (23 January 2025)

Omanovic v Shamaazi Ltd & Anor [2025] EWHC 131 (KB) (23 January 2025)

Unpleaded allegations of wrongdoing, including those relating to cryptocurrency transactions and diversion of business, cannot be considered by the single joint expert in valuing the company. Such matters must be formally pleaded to be within the scope of expert evidence and for the court to make findings on them. The claimant's failure to plead these allegations precludes their consideration at this stage, and the Master's order restricting the expert's remit was correct.

Citation
[2025] EWHC 131 (KB)
Parties
Claimant: Adnan Omanovic; First Defendant: Shamaazi Ltd; Second Defendant: Ismael Abdela Mohammed (also known as Ismael Dainehine)
Jurisdiction
England and Wales
Judgment Date
23 January 2025
Procedural Posture
Civil Breach of Contract and Related Claims / Application for Permission to Appeal Interlocutory Order (pre Trial)
Outcome
Permission to appeal refused
Legal Topics
Breach of Contract, Valuation of Shares, Expert Evidence, Pleading Requirements, Disclosure, Allegations of Fraud and Dishonesty
Contract Law Company Law Civil Procedure Breach of Contract Valuation of Shares Expert Evidence Pleading Requirements Disclosure +1 more

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Parties

Adnan Omanovic

Claimant

Shamaazi Ltd

First Defendant

Ismael Abdela Mohammed (also known as Ismael Dainehine)

Second Defendant

Procedural Posture

Civil Breach of Contract and Related Claims / Application for Permission to Appeal Interlocutory Order (pre Trial)

Legal Issues

  1. 1 Whether the single joint expert may consider unpleaded allegations relating to cryptocurrency transactions and diversion of business in company valuation
  2. 2 Whether such matters must be formally pleaded to be within the expert's remit
  3. 3 Whether refusal to allow expert to consider these matters causes unfairness to claimant

Ratio Decidendi

Unpleaded allegations of wrongdoing, including those relating to cryptocurrency transactions and diversion of business, cannot be considered by the single joint expert in valuing the company. Such matters must be formally pleaded to be within the scope of expert evidence and for the court to make findings on them. The claimant's failure to plead these allegations precludes their consideration at this stage, and the Master's order restricting the expert's remit was correct.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused.