Iqbal v Parnez

Bankruptcy – Sequestration – Effect on grant of lease. Sheriff Appeal Court: In an appeal in an action relating to commercial premises said to have been let under a contract of lease between the parties, challenging the sheriff's interlocutor allowing a proof before answer, the court held that the sheriff had failed to provide reasons why the issues of law explored in the debate could only be resolved by the leading of evidence; it rejected the contention that the pursuer's primary case averring the existence of a concluded lease was irrelevant because he sought to found on a lease he had granted at a time when he was sequestrated—the lease he was averred to have granted would have been rendered voidable, not void; and it held that his esto case for recompense quantum lucratus est was irrelevant and lacking in specification.

Category: