MRK1 Ltd v Sajur & Ors [2011] ScotCS CSOH_34 (17 February 2011)

MRK1 Ltd v Sajur & Ors [2011] ScotCS CSOH_34 (17 February 2011)

Defenders were given multiple opportunities to state a defence but failed to do so. The pursuers were entitled to decree for implement of the missives by payment of the purchase price, as no valid defence was advanced and further indulgence would unfairly expose pursuers to additional expense.

Citation
[2011] ScotCS CSOH_34
Parties
Pursuer: MRK 1 Limited; Defender: Mohammed Zahir Sakur; Defender: Suneia Momade; Defender: The Firm of Sara Properties
Jurisdiction
Scotland
Judgment Date
17 February 2011
Procedural Posture
Ordinary Action / Final Judgment
Outcome
decree granted for implement
Legal Topics
Implement of Missives, Quantification of Loss, Unjust Enrichment, Fraud, Expenses
Contract Law Property Law Implement of Missives Quantification of Loss Unjust Enrichment Fraud Expenses

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Parties

MRK 1 Limited

Pursuer

Mohammed Zahir Sakur

Defender

Suneia Momade

Defender

The Firm of Sara Properties

Defender

Procedural Posture

Ordinary Action / Final Judgment

Legal Issues

  1. 1 Are the defenders bound to implement the missives of purchase?
  2. 2 Is there a valid defence to implement based on fraud or unjust enrichment?
  3. 3 What is the proper quantification of loss?

Ratio Decidendi

Defenders were given multiple opportunities to state a defence but failed to do so. The pursuers were entitled to decree for implement of the missives by payment of the purchase price, as no valid defence was advanced and further indulgence would unfairly expose pursuers to additional expense.

Court Disposition

decree granted for implement

Orders

  • Defenders ordained to implement missives by payment of £1,555,000.
  • Defenders found liable in expenses of process.