Chisese v Eze [2016] EWCA Civ 1240 (15 November 2016)

Chisese v Eze [2016] EWCA Civ 1240 (15 November 2016)

There was no real prospect of success on appeal as the trial judge's findings of fact regarding the absence of an oral agreement and the limitation defence were fully open to him on the evidence. The appendices relied upon by the applicant did not materially affect the factual assessment or limitation defence. No compelling reason existed to grant permission to appeal.

Citation
[2016] EWCA Civ 1240
Parties
Claimant/applicant: Victor Chisese; Defendant/respondent: Prince Arthur Eze
Jurisdiction
England and Wales
Judgment Date
15 November 2016
Procedural Posture
Civil Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Breach of Oral Agreement, Limitation Act 1980, Extension of Time for Limitation, Admission of New Evidence
Contract Law Civil Procedure Breach of Oral Agreement Limitation Act 1980 Extension of Time for Limitation Admission of New Evidence

Case Brief

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Parties

Victor Chisese

Claimant/applicant

Prince Arthur Eze

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether an oral agreement existed between the parties
  2. 2 Whether the claim was brought within the limitation period
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

There was no real prospect of success on appeal as the trial judge's findings of fact regarding the absence of an oral agreement and the limitation defence were fully open to him on the evidence. The appendices relied upon by the applicant did not materially affect the factual assessment or limitation defence. No compelling reason existed to grant permission to appeal.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused