Ogutogullari & Ors v Zaman & Anor

Ogutogullari & Ors v Zaman & Anor

The appeal was dismissed because the proposed fresh evidence would not have had an important influence on the outcome, the trial judge's findings were not plainly wrong, and the appellants had been shown accurate accounts. The criteria for admitting fresh evidence on appeal were not met.

Parties
Claimant/appellant: Dursun Ogutogullari; Claimant/appellant: Cetin Erbil; Claimant/appellant: Essex Road Supermarket Limited; Defendant/respondent: Muhammad Sher Zaman; Defendant/respondent: Imran Zaman
Jurisdiction
England and Wales
Judgment Date
15 October 2013
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Adducing Fresh Evidence on Appeal
Contract Law Tort Law Misrepresentation Adducing Fresh Evidence on Appeal

Case Brief

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Parties

Dursun Ogutogullari

Claimant/appellant

Cetin Erbil

Claimant/appellant

Essex Road Supermarket Limited

Claimant/appellant

Muhammad Sher Zaman

Defendant/respondent

Imran Zaman

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the claim of misrepresentation regarding business turnover
  2. 2 Whether fresh evidence should be admitted on appeal to support the misrepresentation claim

Ratio Decidendi

The appeal was dismissed because the proposed fresh evidence would not have had an important influence on the outcome, the trial judge's findings were not plainly wrong, and the appellants had been shown accurate accounts. The criteria for admitting fresh evidence on appeal were not met.

Court Disposition

Appeal dismissed