Gayle v Gayle & Anor

Gayle v Gayle & Anor

There was no compelling reason or important point of principle or practice to justify a second appeal. The Recorder's findings of fact and credibility were within his discretion and supported by evidence. The procedural defects and delay in appealing were not adequately explained. Permission to appeal and extension of time were refused.

Parties
Claimant/appellant: Egbert Adolphus Gayle; Defendant/respondent: Dasmie Rose Gayle; Defendant/respondent: Maizie McKnight
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Civil / Application for Permission to Appeal (second Appeal)
Outcome
application refused
Legal Topics
Beneficial Ownership, Declarations of Trust, Counterclaim, Appeals, Extension of Time
Property Law Civil Procedure Beneficial Ownership Declarations of Trust Counterclaim Appeals Extension of Time

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Parties

Egbert Adolphus Gayle

Claimant/appellant

Dasmie Rose Gayle

Defendant/respondent

Maizie McKnight

Defendant/respondent

Procedural Posture

Civil / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the Recorder erred in his findings of fact and law regarding beneficial ownership of the property
  2. 2 Whether the refusal to adjourn the trial was a misdirection
  3. 3 Whether the claimant had a fair hearing

Ratio Decidendi

There was no compelling reason or important point of principle or practice to justify a second appeal. The Recorder's findings of fact and credibility were within his discretion and supported by evidence. The procedural defects and delay in appealing were not adequately explained. Permission to appeal and extension of time were refused.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • Extension of time refused