Andylane Bush-Marsh v Don Edward Marsh
Voluntary transfer of land - application to set aside on ground of duress or undue influence - presumption of undue influence arises if transferor places trust and confidence in recipient and enters into transaction which requires explanation - presumption rebutted if recipient shows transaction made with free will on ground of relationship and transferor fully understood implications - Civil procedure - Mode of commencing proceedings - GCR O.5, r 2(b) - originating summons inappropriate where substantial dispute of fact likely - GCR O. 5, r4 - proceedings required to be commenced by Writ - claim of duress must be properly particularised so defendant knows the case he has to meet
All PDF copies on file (1)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | G 0197 OF 2019 |
|---|---|
| Court | Grand Court |
| Judgment Date | 2021-May-04 |
| Subject | Voluntary transfer of land - application to set aside on ground of duress or undue influence - presumption of undue influence arises if transferor places trust and confidence in recipient and enters into transaction which requires explanation - presumption rebutted if recipient shows transaction made with free will on ground of relationship and transferor fully understood implications - Civil procedure - Mode of commencing proceedings - GCR O.5, r 2(b) - originating summons inappropriate where substantial dispute of fact likely - GCR O. 5, r4 - proceedings required to be commenced by Writ - claim of duress must be properly particularised so defendant knows the case he has to meet |
| Category | Civil (General) |
| Filename (current) | 5NNDGE9GTO1J1FFHA2EDA9F1765C8FA0E9A1B600FB8329736C40.pdf |
| File MD5 | cd430a54d71d600ecf0593bf63bb9a90 |
| Source pipeline | csv |
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Andylane Bush-Marsh vs Don Edward Marsh
2019-Nov-25