TATIANA KRAJCIOVA AGAINST SULTAN FEROZ [2014] ScotSC 72 (19 August 2014)

TATIANA KRAJCIOVA AGAINST SULTAN FEROZ [2014] ScotSC 72 (19 August 2014)

The appeal was refused because the appellant failed to present any stateable grounds of appeal, did not engage with the sheriff's findings in fact or law, and did not substantiate his criticisms with reference to the evidence or legal principles relevant to the appellate function.

Citation
[2014] ScotSC 72
Parties
Pursuer and Respondent: Tatiana Krajciova; Defender and Appellant: Sultan Feroz
Jurisdiction
Scotland
Judgment Date
19 August 2014
Procedural Posture
Civil Appeal / Appeal From Sheriff's Judgment After Proof
Outcome
Appeal refused
Legal Topics
Recovery of Possession, Lease Versus Sale Agreement, Payment of Rent, Appeal Grounds, Self Represented Litigants
Property Law Civil Procedure Recovery of Possession Lease Versus Sale Agreement Payment of Rent Appeal Grounds Self Represented Litigants

Case Brief

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Parties

Tatiana Krajciova

Pursuer and Respondent

Sultan Feroz

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff's Judgment After Proof

Legal Issues

  1. 1 Whether the arrangement between the parties was a lease or a sale agreement
  2. 2 Whether the sheriff erred in findings of fact and law
  3. 3 Whether the appellant established any stateable grounds of appeal

Ratio Decidendi

The appeal was refused because the appellant failed to present any stateable grounds of appeal, did not engage with the sheriff's findings in fact or law, and did not substantiate his criticisms with reference to the evidence or legal principles relevant to the appellate function.

Court Disposition

Appeal refused

Orders

  • Adheres to the sheriff’s interlocutor of 17 May 2013
  • Finds the appellant liable in the expenses of the appeal