Dr Daniel Vaz de Souza & Anor v Dr Rekha Shrestha

Dr Daniel Vaz de Souza & Anor v Dr Rekha Shrestha

The applicants are entitled to mandatory injunctive relief for payment of £103,235.30 as the monies are beneficially theirs under the expense-sharing agreement, and the balance of justice and convenience favours immediate release given their urgent needs and lack of serious challenge to the amount.

Parties
Claimant: Dr Daniel Vaz De Souza; Claimant: Dr Ana Luisa Morais Massada De Souza; Defendant: Dr Rekha Shrestha
Jurisdiction
England and Wales
Judgment Date
09 September 2025
Procedural Posture
Injunction Application / Interim Mandatory Injunction Hearing
Outcome
mandatory injunction granted in part
Legal Topics
Expense Sharing Agreement, Mandatory Injunction, Bank Mandate, Resulting Trust, Balance of Convenience
Commercial Law Contract Law Expense Sharing Agreement Mandatory Injunction Bank Mandate Resulting Trust Balance of Convenience

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Parties

Dr Daniel Vaz De Souza

Claimant

Dr Ana Luisa Morais Massada De Souza

Claimant

Dr Rekha Shrestha

Defendant

Procedural Posture

Injunction Application / Interim Mandatory Injunction Hearing

Legal Issues

  1. 1 Whether the applicants are entitled to mandatory injunctive relief for payment of £103,235.30 from the joint bank account
  2. 2 Whether the bank mandate should be rectified to allow payments to be authorised by any two of the three parties
  3. 3 Whether future amendments to the bank mandate should require consent of all three parties

Ratio Decidendi

The applicants are entitled to mandatory injunctive relief for payment of £103,235.30 as the monies are beneficially theirs under the expense-sharing agreement, and the balance of justice and convenience favours immediate release given their urgent needs and lack of serious challenge to the amount.

Court Disposition

mandatory injunction granted in part

Orders

  • Mandatory injunctive relief for release to the applicants of £103,235.30 from the joint Lloyds Bank account.
  • No order for rectification of bank mandate or future amendments; these issues left for summary judgment or trial.