Taktouk v Semaan

Practice – Summary judgment and strike out. In the course of divorce proceedings, a flat owned by the parties was sold. The husband, T, claimed that, among other things, the flat had not been properly marketed, and that it had not been sold for the best price available. The wife applied to strike out the claim. The Chancery Division held that, on the evidence, an essential ingredient of T's case had already been raised and decided, and he was issue estopped from raising the same point again. Summary judgment would be granted to the wife.

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