Eid v Al-Kazemi & Anor [2004] EWCA Civ 1811 (10 December 2004)

Eid v Al-Kazemi & Anor [2004] EWCA Civ 1811 (10 December 2004)

Mrs Al-Kazemi, after any undue influence had ceased, accepted substantial payments from Mr Eid in a manner only referable to the enforceability of the agreement, thereby affirming the contract and estopping herself from setting it aside on grounds of undue influence.

Citation
[2004] EWCA Civ 1811
Parties
Claimant/applicant: Nasser Eid; Defendant/respondent: Mrs Bushra Zaid Abdul Hussain Al-Kazemi; Defendant/respondent: Ramelle Investments Corporation
Jurisdiction
England and Wales
Judgment Date
10 December 2004
Procedural Posture
Appeal / Permission to Appeal Reconsideration
Outcome
Permission to appeal revoked
Legal Topics
Undue Influence, Affirmation, Estoppel, Specific Performance
Equity Contract Law Undue Influence Affirmation Estoppel Specific Performance

Case Brief

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Parties

Nasser Eid

Claimant/applicant

Mrs Bushra Zaid Abdul Hussain Al-Kazemi

Defendant/respondent

Ramelle Investments Corporation

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal Reconsideration

Legal Issues

  1. 1 Whether the agreement for transfer of shares was vitiated by undue influence
  2. 2 Whether Mrs Al-Kazemi affirmed the contract or was estopped from setting it aside
  3. 3 Whether the payments made constituted affirmation of the agreement

Ratio Decidendi

Mrs Al-Kazemi, after any undue influence had ceased, accepted substantial payments from Mr Eid in a manner only referable to the enforceability of the agreement, thereby affirming the contract and estopping herself from setting it aside on grounds of undue influence.

Court Disposition

Permission to appeal revoked

Orders

  • Grant of permission to appeal revoked
  • Question of costs adjourned