Turkey v Awadh & Anor

Turkey v Awadh & Anor

A stay of execution is granted to maintain the status quo and avoid injustice, but no order for payment into court is made. Security for costs is ordered due to the additional expense of enforcing judgment in Saudi Arabia and the applicant's assets.

Parties
Claimant/respondent: Khalid Ali Ismail Turkey; Defendant: Adnan Mohammed Awadh; 2nd Defendant/applicant: Aziza Khalid Ali Ismail Turki
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Civil Appeal / Application for Stay and Security for Costs Pending Appeal
Outcome
Application for payment into court refused; application for stay granted; security for costs ordered.
Legal Topics
Stay of Execution, Security for Costs, Undue Influence, Misrepresentation
Civil Procedure Property Law Stay of Execution Security for Costs Undue Influence Misrepresentation

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Parties

Khalid Ali Ismail Turkey

Claimant/respondent

Adnan Mohammed Awadh

Defendant

Aziza Khalid Ali Ismail Turki

2nd Defendant/applicant

Procedural Posture

Civil Appeal / Application for Stay and Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted for payment of £34,000 pending appeal
  2. 2 Whether an order for payment into court should be made
  3. 3 Whether security for costs of appeal should be ordered

Ratio Decidendi

A stay of execution is granted to maintain the status quo and avoid injustice, but no order for payment into court is made. Security for costs is ordered due to the additional expense of enforcing judgment in Saudi Arabia and the applicant's assets.

Court Disposition

Application for payment into court refused; application for stay granted; security for costs ordered.

Orders

  • Stay of execution granted for £34,000
  • No order for payment into court