21 Mar 2013
MIR, ABDUL REHMAN v. MIR, HEENA
- Citation
- MIR, ABDUL REHMAN v. MIR, HEENA
- Court
- Court of Appeal
- Case number
- CACV10/2012
The Court of Appeal upheld the trial judge's primary findings that the appellant assaulted the respondent and that the earlier assault and the appellant's continued presence and pressure amounted to illegitimate pressure (duress) contributing to the respondent's execution of the Deed of Gift; the respondent did not unequivocally affirm the deed by her subsequent conduct or correspondence; accordingly the Deed of Gift was voidable and the respondent avoided it; the appeal was dismissed and the judgment below (including damages) stands.