Zabihi v Janzemini & Ors [2008] EWHC 2910 (Ch) (28 November 2008)

Zabihi v Janzemini & Ors [2008] EWHC 2910 (Ch) (28 November 2008)

The court found that the claimant failed to prove, on the balance of probabilities, that the jewellery handed over to the first defendant was as described or of the value claimed. The claimant's claim for conversion and an account of profits failed. The defendants' counterclaims for £4,000 and £6,000 were dismissed for lack of evidence and/or limitation. The claim for £9,961 for restaurant bills was dismissed for lack of evidence. The first defendant's claim for £20,000 succeeded as the court found that such a sum was advanced and repayable on demand. The claimant's claim for £70,000 against the first defendant failed for lack of evidence of a guarantee or actionable misrepresentation.

Citation
[2008] EWHC 2910 (Ch)
Parties
Claimant: Kamran Zabihi; First Defendant: Mahmood Janzemini; Second Defendant: Yousef Massodipour; Third Defendant: Alounak Kebab Limited
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Civil (chancery Division) / Trial Judgment
Outcome
Claimant's claims dismissed except for the £20,000 loan counterclaim, which succeeds for the first defendant.
Legal Topics
Conversion, Breach of Trust, Loan Repayment, Guarantee, Limitation, Account of Profits
Civil Litigation Commercial Law Tort Law Conversion Breach of Trust Loan Repayment Guarantee Limitation +1 more

Case Brief

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Parties

Kamran Zabihi

Claimant

Mahmood Janzemini

First Defendant

Yousef Massodipour

Second Defendant

Alounak Kebab Limited

Third Defendant

Procedural Posture

Civil (chancery Division) / Trial Judgment

Legal Issues

  1. 1 Whether the defendants are liable for conversion of jewellery allegedly entrusted by the claimant
  2. 2 Whether the claimant is entitled to damages or an account of profits for the jewellery
  3. 3 Whether the claimant is liable to repay alleged loans and restaurant bills to the defendants

Ratio Decidendi

The court found that the claimant failed to prove, on the balance of probabilities, that the jewellery handed over to the first defendant was as described or of the value claimed. The claimant's claim for conversion and an account of profits failed. The defendants' counterclaims for £4,000 and £6,000 were dismissed for lack of evidence and/or limitation. The claim for £9,961 for restaurant bills was dismissed for lack of evidence. The first defendant's claim for £20,000 succeeded as the court found that such a sum was advanced and repayable on demand. The claimant's claim for £70,000 against the first defendant failed for lack of evidence of a guarantee or actionable misrepresentation.

Court Disposition

Claimant's claims dismissed except for the £20,000 loan counterclaim, which succeeds for the first defendant.

Orders

  • Claimant's claim for conversion and account of profits dismissed
  • Claimant's claim for £70,000 against first defendant dismissed