(1) Imran Khan (2) Kamran Khan v Neelam Naz Khan (Evidence : Expert evidence) /Judgments/j1038/REF-2016-0752.pdf (26 April 2018)
Applicants are brothers: Respondent is the wife of the third (deceased) brother. The property in which Respondent and her children live was registered in her husband-™s name only. Applicants applied to enter a restriction on the grounds that they had a beneficial interest in the property by virtue of a written agreement and/or a resulting trust. Respondent put them to proof of the validity of the written agreement and the contributions. There was no expert hand writing evidence at trial. Late application by Respondent after the hearing but before the decision to adduce expert evidence resulted in Applicant producing their own expert evidence critical of the Respondent's expert, who subsequently withdrew his report. HELD finding was that each brother had a 1/3rd interest.
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