Ikeji v Bank of Scotland Plc

Ikeji v Bank of Scotland Plc

The strike out order was correct as the second application for permission to appeal was an abuse of process, having already been finally adjudicated. The Bank had discharged its duty to obtain the best price for the property, and damages would be an adequate remedy. There was no serious issue to be tried, so the injunction was refused.

Parties
Claimant/respondent: Terry Chukwuemeka Ikeji; Defendant/applicant: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Appeal and Injunction Application / High Court Determination of Permission to Appeal and Interim Injunction
Outcome
Permission to appeal refused; injunction application dismissed; applications certified totally without merit.
Legal Topics
Abuse of Process, Mortgagee's Power of Sale, Interim Injunctions, Execution of Warrants, Appeals Procedure
Civil Procedure Property Law Mortgage Law Abuse of Process Mortgagee's Power of Sale Interim Injunctions Execution of Warrants Appeals Procedure

Case Brief

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Parties

Terry Chukwuemeka Ikeji

Claimant/respondent

Bank of Scotland PLC

Defendant/applicant

Procedural Posture

Appeal and Injunction Application / High Court Determination of Permission to Appeal and Interim Injunction

Legal Issues

  1. 1 Whether the strike out order of 7 August 2019 was wrong or unjust due to procedural irregularity
  2. 2 Whether the Bank breached its duty to obtain the best price reasonably available for the mortgaged property
  3. 3 Whether an interim injunction restraining sale of the property should be granted

Ratio Decidendi

The strike out order was correct as the second application for permission to appeal was an abuse of process, having already been finally adjudicated. The Bank had discharged its duty to obtain the best price for the property, and damages would be an adequate remedy. There was no serious issue to be tried, so the injunction was refused.

Court Disposition

Permission to appeal refused; injunction application dismissed; applications certified totally without merit.

Orders

  • Permission to appeal the order of HHJ Evans-Gordon dated 7 August 2019 is refused.
  • The injunction restraining sale of the property is discharged and the application dismissed.