Soshila Keswani v. Motiram Keswani

Read the full judgment text of CAMP 227/2019 on BabelCite. This Court of Appeal judgment was delivered on 6 January 2020.

1. We are of the view that it is reasonably arguable that the judge below had erred on his finding on non est factum and in declaring that the Deed of Family Arrangement dated 13 June 2002 and the Vesting Assignment dated 3 September 2002 were void between the plaintiff and defendant in the absence of the other parties to these documents. Accordingly we will grant leave to appeal with costs in the cause of the appeal.

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Case No.CAMP 227/2019[2020] HKCA 32
Court
Court of Appeal
Date06 Jan 2020
Judge
Case Document
100%Judiciary

CAMP 227/2019

[2020] HKCA 32

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 227 OF 2019

(ON AN INTENDED APPEAL FROM DCCJ NO. 579 OF 2013)

________________________

BETWEEN

  SOSHILA KESWANI Plaintiff
  and  
  MOTIRAM KESWANI Defendant

________________________

Before:  Hon Kwan VP and Cheung JA in Court

Date of Decision:  6 January 2020

________________________

D E C I S I O N

________________________


Hon Cheung JA (giving the Decision of the Court):

1.We are of the view that it is reasonably arguable that the judge below had erred on his finding on non est factum and in declaring that the Deed of Family Arrangement dated 13 June 2002 and the Vesting Assignment dated 3 September 2002 were void between the plaintiff and defendant in the absence of the other parties to these documents. Accordingly we will grant leave to appeal with costs in the cause of the appeal.

2.The plaintiff is to file and serve a notice of appeal as per the draft submitted within 14 days.

(Susan Kwan) (Peter Cheung)
Vice-President Justice of Appeal

Mr Roy Lau, instructed by Francis Kong & Co., for the plaintiff

Mr Thomas Wong, instructed by Wilkinson & Grist, for the defendant

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