4 Jun 2001
WELL KENT FINANCE LTD. AND ANOTHER v. WULFGRAM, MARGA SIGRID RENATE AND ANOTHER
- Citation
- WELL KENT FINANCE LTD. AND ANOTHER v. WULFGRAM, MARGA SIGRID RENATE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP4035/1996
The court found on the balance of probabilities that the 1st defendant did not consent to her property being charged, that the circumstances put the plaintiffs on inquiry (constructive notice) and that the 2nd defendant acted in concert such that the charge must be set aside as against the plaintiffs; the plaintiffs' claim was dismissed and the claim against the 2nd defendant also failed because the plaintiffs did not establish they relied solely on his warranty of authority in the context of the nominee/transparent arrangement.