Ezekiel & Anor v Kohali & Anor

Ezekiel & Anor v Kohali & Anor

The purchasers had actual knowledge of the extent of the vendors' title before entering into the contract. This actual knowledge rebutted the implied obligation on the vendors to make good title to all the land contracted to be sold. Specific performance was properly ordered without abatement of the purchase price.

Parties
Appellant: Freddy Ezekiel; Appellant: Mark Ezekiel; Respondent: David Kohali; Respondent: Haim Kohali
Jurisdiction
England and Wales
Judgment Date
30 January 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment After Trial on Liability
Outcome
appeal and cross-appeal dismissed
Legal Topics
Specific Performance, Implied Terms, Good Title, Abatement of Purchase Price, Easements, Interest on Purchase Price, Clean Hands Doctrine
Contract Law Property Law Specific Performance Implied Terms Good Title Abatement of Purchase Price Easements Interest on Purchase Price +1 more

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Parties

Freddy Ezekiel

Appellant

Mark Ezekiel

Appellant

David Kohali

Respondent

Haim Kohali

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment After Trial on Liability

Legal Issues

  1. 1 Whether the purchasers had actual knowledge of the extent of the vendors' title before entering the contract
  2. 2 Whether the vendors were obliged to make good title to all the land contracted to be sold
  3. 3 Whether there was an implied agreement for the grant of easements for services

Ratio Decidendi

The purchasers had actual knowledge of the extent of the vendors' title before entering into the contract. This actual knowledge rebutted the implied obligation on the vendors to make good title to all the land contracted to be sold. Specific performance was properly ordered without abatement of the purchase price.

Court Disposition

appeal and cross-appeal dismissed

Orders

  • Specific performance of the September Agreement without abatement in the purchase price
  • No award of equitable interest on the purchase price