Dondore Incorporated & Anor v Fetaimia & Anor

Dondore Incorporated & Anor v Fetaimia & Anor

Mrs Fetaimia is the beneficial owner of the shares in Dondore Inc; there was an enforceable oral agreement for sale of shares; the purchase price was paid in full by payments made at Mr Hitt's direction; claimants are not entitled to possession or mesne profits; notices to quit were invalid; defendants entitled to declaration of ownership and insurance proceeds.

Parties
Claimant: Dondore Incorporated; Claimant: Richard Hitt; Defendant: Nasser Fetaimia; Defendant: Victoria Fetaimia
Jurisdiction
England and Wales
Judgment Date
18 July 2018
Procedural Posture
Civil (possession, Counterclaim) / High Court Trial Judgment
Outcome
Claim dismissed; counterclaim partly allowed
Legal Topics
Beneficial Ownership, Enforceability of Oral Agreements, Payment by Third Party, Possession Proceedings, Counterclaim for Repayment, Validity of Notice to Quit
Property Law Equity and Trusts Contract Law Beneficial Ownership Enforceability of Oral Agreements Payment by Third Party Possession Proceedings Counterclaim for Repayment +1 more

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Parties

Dondore Incorporated

Claimant

Richard Hitt

Claimant

Nasser Fetaimia

Defendant

Victoria Fetaimia

Defendant

Procedural Posture

Civil (possession, Counterclaim) / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mrs Fetaimia is the beneficial owner of the shares in Dondore Inc
  2. 2 Whether there was an enforceable agreement for the sale of shares in Dondore Inc
  3. 3 Whether the purchase price was paid in full

Ratio Decidendi

Mrs Fetaimia is the beneficial owner of the shares in Dondore Inc; there was an enforceable oral agreement for sale of shares; the purchase price was paid in full by payments made at Mr Hitt's direction; claimants are not entitled to possession or mesne profits; notices to quit were invalid; defendants entitled to declaration of ownership and insurance proceeds.

Court Disposition

Claim dismissed; counterclaim partly allowed

Orders

  • Claim for possession, mesne profits, and declaration of ownership dismissed
  • Declaration that entire shareholding in Dondore Inc is held by Mr Hitt for Mrs Fetaimia