Joshi & Ors v Mahida [2013] EWCA Civ 1327 (17 October 2013)

Joshi & Ors v Mahida [2013] EWCA Civ 1327 (17 October 2013)

The judge found that the words 'one half of my share' in the will were a clerical error for 'my one half share', and that the evidence demonstrated the testator's intention to leave his half share in the property to the respondents. The appellant's grounds for appeal were without merit, as there was no procedural unfairness, no infringement of rights, and no evidence of judicial bias.

Citation
[2013] EWCA Civ 1327
Parties
Claimants/respondents: Ashwin Joshi & Others; Defendant/appellant: Dhanlaxmi Kirit Kumar Mahida
Jurisdiction
England and Wales
Judgment Date
17 October 2013
Procedural Posture
Appeal (civil) / Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Rectification of Wills, Clerical Error, Testator's Intentions, Appeal Procedure, Fair Trial Rights
Wills and Probate Civil Procedure Rectification of Wills Clerical Error Testator's Intentions Appeal Procedure Fair Trial Rights

Case Brief

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Parties

Ashwin Joshi & Others

Claimants/respondents

Dhanlaxmi Kirit Kumar Mahida

Defendant/appellant

Procedural Posture

Appeal (civil) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the will should be rectified under section 20(1) of the Administration of Justice Act 1982 due to clerical error
  2. 2 Whether the appellant was denied a fair trial due to lack of notice or attendance
  3. 3 Whether the judge was biased against the appellant

Ratio Decidendi

The judge found that the words 'one half of my share' in the will were a clerical error for 'my one half share', and that the evidence demonstrated the testator's intention to leave his half share in the property to the respondents. The appellant's grounds for appeal were without merit, as there was no procedural unfairness, no infringement of rights, and no evidence of judicial bias.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Appeal dismissed
  • Transcript of judgment to be provided to the appellant