27 Apr 2022
SOSHILA KESWANI v. MOTIRAM KESWANI
- Citation
- [2022] HKCA 543
- Court
- Court of Appeal
- Case number
- CACV26/2020
The Court allowed the appeal: the judge erred in finding non est factum was established because the defendant was negligent in signing; the trial judge made material errors in assessing evidence and drawing adverse inferences (including reliance on an ineffective 1961 will and unjustified failure-to-call inference regarding the solicitor); the Deed and Assignment are joint instruments and a declaration voiding them could not properly be granted as between only two parties without joinder of all affected parties and the executor capacity; section 18 Limitation Ordinance did not bar the plainti…