Ikeji v Bank of Scotland Plc [2021] EWHC 797 (QB) (31 March 2021)

Ikeji v Bank of Scotland Plc [2021] EWHC 797 (QB) (31 March 2021)

The court held that Mr Ikeji's second application for permission to appeal was an abuse of process, as the issue had already been finally determined on the same grounds and evidence. There was no procedural irregularity or error in the strike out order. The application for an interim injunction was dismissed because damages would be an adequate remedy, there was no serious issue to be tried, and the Bank had discharged its duty to obtain the best price for the property through multiple independent valuations.

Citation
[2021] EWHC 797 (QB)
Parties
Defendant/applicant: Terry Chukwuemeka Ikeji; Claimant/respondent: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
High Court Appeal and Injunction Application / Judgment on Permission to Appeal and Interim Injunction
Outcome
Permission to appeal refused; interim injunction discharged; all applications dismissed as totally without merit.
Legal Topics
Abuse of Process, Possession Proceedings, Mortgagee's Power of Sale, Interim Injunctions, Appeals Procedure
Civil Procedure Property Law Mortgage Law Abuse of Process Possession Proceedings Mortgagee's Power of Sale Interim Injunctions Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Terry Chukwuemeka Ikeji

Defendant/applicant

Bank of Scotland PLC

Claimant/respondent

Procedural Posture

High Court Appeal and Injunction Application / Judgment on Permission to Appeal and Interim Injunction

Legal Issues

  1. 1 Whether the strike out of Mr Ikeji's second application for permission to appeal was wrong or unjust due to procedural irregularity
  2. 2 Whether an interim injunction restraining the sale of the mortgaged property should be granted

Ratio Decidendi

The court held that Mr Ikeji's second application for permission to appeal was an abuse of process, as the issue had already been finally determined on the same grounds and evidence. There was no procedural irregularity or error in the strike out order. The application for an interim injunction was dismissed because damages would be an adequate remedy, there was no serious issue to be tried, and the Bank had discharged its duty to obtain the best price for the property through multiple independent valuations.

Court Disposition

Permission to appeal refused; interim injunction discharged; all applications dismissed as totally without merit.

Orders

  • Permission to appeal against the strike out order of 7 August 2019 is refused.
  • The interim injunction restraining sale of the property is discharged.