Meera Investiment Ltd v Jeshang Popat Shah (Hccs No. 1195 of 1997)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Civil suit concerning property interests and rent collected from an estate was withdrawn by consent, with costs to the defendant. The plaintiff was required to account for rent collected. By consent, valuers were appointed to determine the property's value, the rental value, and the value of the defendant's interest for the purpose of the plaintiff acquiring that interest.
Outcome
Matter resolved by consent with withdrawal of plaint and counter claim; valuers appointed to determine property values and defendant's interest for acquisition by plaintiff
Facts
The plaintiff sued the defendant in a matter arising from an estate. The defendant filed a counter claim. The plaintiff applied to strike out the counter claim, which was refused by the court to avoid multiplicity of suits. The defendant was granted leave to amend the written statement of defence to aver that the plaintiff lacked locus standi. Hearing dates were adjourned for various reasons, including non-appearance of counsel. The parties subsequently expressed interest in settlement and by consent withdrew both the plaint and counter claim, with costs to the defendant and the plaintiff agreeing to account for rent collected. Further mentions were held to monitor compliance with the consent order and accountings. Ultimately, by consent, the parties agreed to appoint Deloitte & Touche as valuers to determine the property's value, rental value, and the value of the defendant's interest for purposes of acquisition by the plaintiff.
Orders
- Plaint and counter claim withdrawn by consent.
- Costs awarded to the defendant.
- Plaintiff to account for rent collected.
- Deloitte & Touche appointed as valuers to determine: (i) the value of the whole property; (ii) the rental value payable for the property; (iii) the value of the interest owned by the defendants.
- Costs in the cause.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.