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You are here: BAILII >> Databases >> First-tier Tribunal (Property Chamber) >> Tony Ashikodi v June Ashimola (Practice and Procedure : Practice and Procedure) [2019] UKFTT 168 (PC) (05 February 2019) URL: http://www.bailii.org/uk/cases/UKFTT/PC/2019/168.html Cite as: [2019] UKFTT 168 (PC) |
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| Case reference | REF/2018/0460 |
|---|---|
| Date of decision | 05/02/2019 |
| Adjudicator | Ms Sara Hargreaves |
| Applicant | Tony Ashikodi |
| Respondent | June Ashimola |
| Main Category & Sub Category | |
| Category | Practice and Procedure |
| Sub Category | Status and representation of parties |
| Secondary Category & Sub Category | |
| Category | Beneficial interests, trusts and restrictions |
| Sub Category | Constructive trust - inferred common intention |
| Decision notes | [2019] UKFTT 168 (PC). Application to enter a restriction to protect a claimed beneficial interest. Competing and conflicting evidence as to the identity of the Respondent who never actually appeared. Respondent’s representatives alleged that Respondent had executed a power of attorney in Nigeria appointing them to challenge the Applicant’s case. Applicant vigorously denied the validity of this document, and claimed the Respondent supported his application but the case proceeded on the basis that the Respondent’s appointed attorneys had power to proceed. They had instructed a solicitor to attend the hearing. They gave no evidence themselves, but bearing in mind the onus on the Applicant to make his case out either orally or by any corroborative documentary evidence his failure to do meant that the application failed. |
| Download decision(s) | [2019] UKFTT 168 (PC) |