31 Jan 2019
SOSHILA KESWANI v. MOTIRAM KESWANI
- Citation
- [2019] HKDC 135
- Court
- District Court
- Case number
- DCCJ579/2013
On the balance of probabilities the defendant mistakenly believed the documents were routine probate documents, the solicitor did not explain their nature, the plaintiff was likely the instructing party to procure the documents, and the defendant was not negligent in signing; therefore non est factum applies and the Deed and Assignment are void as between plaintiff and defendant, defeating plaintiff’s claim and entitling defendant to a declaration.