Eid v Al-Kazemi & Anor

Eid v Al-Kazemi & Anor

Mrs Al Kazemi, by accepting substantial payments from Mr Eid after any undue influence had ceased and by her conduct, affirmed the contract and was estopped from setting it aside; thus, there was no real prospect of an appellate court interfering with the trial judge's findings.

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
Civil Appeal / Application for Permission to Appeal; Reconsideration of Permission
Outcome
Permission to appeal revoked
Legal Topics
Undue Influence, Affirmation, Estoppel, Specific Performance
Contract Law Equity Undue Influence Affirmation Estoppel Specific Performance

Case Brief

Summary, issues, holding and outcome

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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

Civil Appeal / Application for Permission to Appeal; Reconsideration of Permission

Legal Issues

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

Ratio Decidendi

Mrs Al Kazemi, by accepting substantial payments from Mr Eid after any undue influence had ceased and by her conduct, affirmed the contract and was estopped from setting it aside; thus, there was no real prospect of an appellate court interfering with the trial judge's findings.

Court Disposition

Permission to appeal revoked

Orders

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