Zahoor & Ors v Masood & Ors

Zahoor & Ors v Masood & Ors

The judge erred in granting relief on a basis not pleaded, proved, or argued. The Shares Claim should not have succeeded as the pleaded case failed and the alternative basis was not open. The summary dismissal of Mr Masood was justified due to his procurement of forged documents. A third party costs order should be made against Mr Masood for costs incurred by Mr Zahoor in the Reventox litigation due to Mr Masood's dishonest conduct.

Parties
Appellant/defendant: Mohammad Zahoor & Others; Respondent/claimant: Sohail Masood & Others
Jurisdiction
England and Wales
Judgment Date
03 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Striking Out for Abuse of Process, Forgery and Perjury in Litigation, Resulting and Constructive Trusts, Wrongful Dismissal, Third Party Costs Orders
Civil Procedure Equity and Trusts Employment Law Striking Out for Abuse of Process Forgery and Perjury in Litigation Resulting and Constructive Trusts Wrongful Dismissal Third Party Costs Orders

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Parties

Mohammad Zahoor & Others

Appellant/defendant

Sohail Masood & Others

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether a claim should be struck out where both parties have engaged in forgery and perjury
  2. 2 Whether the trial judge erred in granting relief on a basis not pleaded, proved, or argued
  3. 3 Whether summary dismissal of an employee for procuring forged documents was justified

Ratio Decidendi

The judge erred in granting relief on a basis not pleaded, proved, or argued. The Shares Claim should not have succeeded as the pleaded case failed and the alternative basis was not open. The summary dismissal of Mr Masood was justified due to his procurement of forged documents. A third party costs order should be made against Mr Masood for costs incurred by Mr Zahoor in the Reventox litigation due to Mr Masood's dishonest conduct.

Court Disposition

Appeal allowed

Orders

  • Shares Claim: Appeal allowed; claim dismissed as not pleaded, proved, or argued.
  • Employment Claim: Appeal allowed; summary dismissal justified; damages for wrongful dismissal not payable.