Mirza v Aslam or Salim [2013] ScotCS CSOH_73 (16 May 2013)

Mirza v Aslam or Salim [2013] ScotCS CSOH_73 (16 May 2013)

Mrs Salim was entitled to seek interim interdict as she held the real right to the yard at the material time. Retrospective rectification of the lease did not render her application for interdict wrongful, nor did it entitle Mr Mirza to damages. There was no relevant case of absence of good faith or misrepresentation by Mrs Salim.

Citation
[2013] ScotCS CSOH_73
Parties
Pursuer: Mohammed Ameen Mirza; Defender: Mrs Fozia Aslam or Salim; Third Party: Messrs Mellicks
Jurisdiction
Scotland
Judgment Date
16 May 2013
Procedural Posture
Civil Action (damages for Wrongful Interdict) / Judgment on Relevancy (motion to Dismiss)
Outcome
Action dismissed
Legal Topics
Rectification of Lease, Real Rights, Wrongful Interdict, Good Faith, Damages
Property Law Civil Procedure Rectification of Lease Real Rights Wrongful Interdict Good Faith Damages

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Parties

Mohammed Ameen Mirza

Pursuer

Mrs Fozia Aslam or Salim

Defender

Messrs Mellicks

Third Party

Procedural Posture

Civil Action (damages for Wrongful Interdict) / Judgment on Relevancy (motion to Dismiss)

Legal Issues

  1. 1 Whether retrospective rectification of a lease renders an interim interdict previously granted wrongful and actionable for damages
  2. 2 Whether the applicant for interim interdict (Mrs Salim) acted in good faith or made false representations

Ratio Decidendi

Mrs Salim was entitled to seek interim interdict as she held the real right to the yard at the material time. Retrospective rectification of the lease did not render her application for interdict wrongful, nor did it entitle Mr Mirza to damages. There was no relevant case of absence of good faith or misrepresentation by Mrs Salim.

Court Disposition

Action dismissed

Orders

  • Sustained the defender's and third party's pleas to the relevancy
  • Dismissed the pursuer's action