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First City Monument Bank plc v Zumax Nigeria Ltd [2019] WTLR 511


JUDGMENT NEWEY LJ: [1] This is an appeal from a decision of Barling J granting the claimant, Zumax Nigeria Limited (Zumax), summary judgment. [2] Zumax is a Nigerian company which formerly provided engineering and other services to oil companies. It is based in Warri, Nigeria. [3] The defendant, First City Monument Bank plc (FCMB), is …

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June 30, 2019


Griffin v Higgs & ors [2019] WTLR 539


JUDGMENT STEPHEN JOURDAN QC Introduction [1] Mr John Folkes and his wife Mrs Patricia Folkes (“Mrs Folkes”) had three children; the Fourth Defendant, Constantine Folkes, who I will refer to as “Con”, the Claimant, Patricia Jane Folkes, known as Jane Griffiths, who I will refer to as “Jane” and a third child who is not …

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Gupta v Gupta & ors [2019] WTLR 575


JUDGMENT HoIlander QC Introduction [1] By this claim the claimant (‘Rakesh’) seeks to pronounce against the last will dated 20 November 1998 (‘the Will’) of the late Urmila Rani Gupta (“Urmila”) for want of knowledge and approval. [2] Laxmi Nath Gupta (‘Laxmi’) was born on 24 May 1924 and died on 6 April 2009. He …

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Hanspaul & anr v Ward & ors [2019] WTLR 609


JUDGMENT CHIEF MASTER MARSH: [1] This judgment concerns the costs of this claim. Despite the claim having been issued on 4 December 2013, no part of the relief claimed has been the subject of a final determination by the court and no substantive orders are now sought. [2] The first claimant and the sixth defendant …

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Kohli v Proles [2019] WTLR 623


JUDGMENT MANN J: [1] This is an oral renewed application for permission to appeal from the order and judgment of Master Clark of 17th April 2018 in which she found that the deceased, Baldev Kohli, died domiciled in England and Wales and not in India, from where he came and where he died. Mrs Teresa …

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LCN v KF & ors [2019] WTLR 633


JUDGMENT DISTRICT JUDGE BECKLEY: [1] This is an application under s18(1)(h) of the Mental Capacity Act 2005 for the settlement of CJF’s property on trust. [2] The application was made on 20th November 2018 and the matter was heard urgently on 26th November 2018 for reasons set out later in this judgement. An order was …

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Ninian v Findlay & ors [2019] WTLR 645


JUDGMENT CM MARSH: [1] The claimant (Mrs Ninian) is the sole beneficiary of the residue of the estate of her late husband (Mr Ninian) under his will dated 9 November 2017. Mr Ninian died on 16 November 2017 with the assistance of Dignitas in Switzerland by committing suicide. Mrs Ninian was with him throughout the trip to Switzerland, his assessment by representatives of …

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Phillipe & ors v Cameron & ors [2019] WTLR 661


JUDGMENT MJ ARNOLD: Introduction [1] This is an unfortunate dispute about the beneficial ownership of land at Sandy Lane, Cheam (‘the land’) which has been occupied by St Andrew’s (Cheam) Lawn Tennis Club (‘the club’) since 1938. As its name suggests, the club was originally, and to some extent remains, associated with St Andrew’s Cheam …

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Price v Saundry & anr [2019] WTLR 683


JUDGMENT HHJ PAUL MATTHEWS: Introduction [1] This is my judgment on an application for rectification which has arisen during the trial of this part 8 claim. On 12 February 2019 I gave permission to the first defendant (whom I shall refer to as “the defendant”, because the second defendant is not concerned with this part …

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Tachi v Woodward [2019] WTLR 695


JUDGMENT MASTER TEVERSON: [1] This is an application by the Claimant, Ms Noriko Tachi, by application notice dated 21 June 2018, seeking permission to file and serve amended Particulars of Claim and to serve out of time two further witness statements. The application is made in the context of a probate claim which is scheduled …

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