Zambia v Meer Care & Desai (a firm) & Ors

Zambia v Meer Care & Desai (a firm) & Ors

Mr Basile's account of why he did not participate in the proceedings was capable of belief and, if believed, amounted to a good reason for non-attendance. The absence of a letter before action and the circumstances of service justified setting aside the judgment. The additional evidence (invoices) was capable of belief and, if accepted, would provide a reasonable prospect of success at trial. The appeal was allowed, the relevant orders set aside, and the case remitted for trial.

Parties
Claimant/respondent: Attorney General of Zambia for and on behalf of the Republic of Zambia; Defendant/appellant: Boutique Basile (Antonino Basile)
Jurisdiction
England and Wales
Judgment Date
09 July 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment After Trial; Application to Adduce Fresh Evidence and Set Aside Judgment
Outcome
Appeal allowed; judgment and orders against Mr Basile set aside; case remitted for trial.
Legal Topics
Setting Aside Judgment, Non Attendance at Trial, Dishonest Assistance, Knowing Receipt, Money Had and Received, Conspiracy to Defraud
Civil Procedure Trusts Law Fraud Setting Aside Judgment Non Attendance at Trial Dishonest Assistance Knowing Receipt Money Had and Received +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Attorney General of Zambia for and on behalf of the Republic of Zambia

Claimant/respondent

Boutique Basile (Antonino Basile)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment After Trial; Application to Adduce Fresh Evidence and Set Aside Judgment

Legal Issues

  1. 1 Whether judgment against Mr Basile should be set aside due to non-attendance at trial
  2. 2 Whether Mr Basile had a good reason for not participating in proceedings
  3. 3 Whether additional evidence (invoices) should be admitted on appeal

Ratio Decidendi

Mr Basile's account of why he did not participate in the proceedings was capable of belief and, if believed, amounted to a good reason for non-attendance. The absence of a letter before action and the circumstances of service justified setting aside the judgment. The additional evidence (invoices) was capable of belief and, if accepted, would provide a reasonable prospect of success at trial. The appeal was allowed, the relevant orders set aside, and the case remitted for trial.

Court Disposition

Appeal allowed; judgment and orders against Mr Basile set aside; case remitted for trial.

Orders

  • Paragraphs 11 and 21 of the order dated 4 May 2007 and paragraph 1.12 and paragraph 10 (so far as it relates to Mr Basile) of the order dated 29 June 2007 set aside.
  • Case remitted to the trial judge for case management directions and trial of the claim against Mr Basile.