Ghazaani v Rowshan
The oral agreement for exchange of properties and payment of equality money was sufficiently certain and complete, acted upon by both parties, and it would be unconscionable for Mr Rowshan to refuse to transfer the Leeds property. A constructive trust/proprietary estoppel arises, entitling Dr Ghazaani to compel transfer.
- Parties
- Claimant: Jamshid Jalili Ghazaani; Defendant: George Shakeri Rowshan
- Jurisdiction
- England and Wales
- Judgment Date
- 13 July 2015
- Procedural Posture
- Civil / Final Judgment
- Outcome
- Claim allowed
- Legal Topics
- Constructive Trust, Proprietary Estoppel, Oral Agreements, Transfer of Property, Unilateral Notice
Case Brief
Summary, issues, holding and outcome
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Parties
Jamshid Jalili Ghazaani
Claimant
George Shakeri Rowshan
Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether an oral agreement for exchange of properties and payment creates a constructive trust or proprietary estoppel enforceable against the registered owner
- 2 Whether the transfer of the Tehran apartment and payment of equality money were validly effected
- 3 Whether the claimant is entitled to compel transfer of the Leeds property
Ratio Decidendi
The oral agreement for exchange of properties and payment of equality money was sufficiently certain and complete, acted upon by both parties, and it would be unconscionable for Mr Rowshan to refuse to transfer the Leeds property. A constructive trust/proprietary estoppel arises, entitling Dr Ghazaani to compel transfer.
Court Disposition
Claim allowed
Orders
- Mr Rowshan to transfer the Leeds property to Dr Ghazaani.
- Any further rent payable by Mr Bagheri to be paid to Dr Ghazaani.
Full Case Text
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