February 24, 2026
High Court Appeal in Zambian Adoption Case Withdrawn
Arfan Khan appeared for the successful Claimant at trial and the successful Respondent on appeal in a Zambian adoption dispute, instructed by CV Brooks Solicitors.
On 30 July 2025, following a 2.5-day trial, Deputy Master Jefferis entered judgment for the Claimant. The Deputy Master declined to give effect to the Zambian judgment and held that the Claimant had been lawfully adopted by the deceased. He further determined that the Defendant was not entitled to letters of administration, ordered that the Zambian grant should not be resealed in England and Wales, and awarded costs against the Defendant. Repeated requests for adjournment were refused.
The Appellant subsequently instructed counsel and filed a notice of appeal seeking permission to challenge the trial judgment on complex grounds, including alleged errors of law and fact and a proposed challenge to the fairness of the trial. The Appellant applied for a stay of execution, which was refused on the papers by Mr Justice Mellor. A renewed stay application was made, and an extension of time to file the appeal bundle was requested. The extension request was unopposed.
Following submissions by Arfan Khan on both the renewed stay application and the merits of the proposed appeal, the Appellant’s counsel elected not to pursue the stay at the oral hearing. Mr Justice Rajah dismissed the renewed stay application and ordered the Appellant to pay the Respondent’s costs. The Appellant subsequently withdrew the appeal, which Mr Justice Rajah formally dismissed.
Arfan Khan has acted as lead or sole counsel in close to over 70 reported cases, including landmark decisions in the Court of Appeal and the UK Supreme Court, demonstrating the strength of his practice in Chancery, Commercial, and Public Law.
Press coverage and the Master’s judgments can be accessed via the following links:
- Press Release: Zambian Adoption recognised in English High Court Probate Trial: Arfan Khan acts for successful claimant – Latest news – 42BR Barristers
- Note of the Master’s Judgment used on appeal:
- Master’s Interlocutory Decisions: