James & Anor v Opanubi [2002] EWCA Civ 1898 (29 November 2002)

James & Anor v Opanubi [2002] EWCA Civ 1898 (29 November 2002)

The court was not satisfied that the requirements of CPR Part 52.13 for a second appeal were met and adjourned the application for further consideration.

Citation
[2002] EWCA Civ 1898
Parties
Claimant/respondent: Janet Picton James; Claimant/respondent: Michael Elwyn Wiseman; Defendant/appellant: Oladipo Opanubi (as Interim Administrator of the Estate of the late Chief Adewunmi Adeboye, deceased)
Jurisdiction
England and Wales
Judgment Date
29 November 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application adjourned
Legal Topics
Adverse Possession, Protected Tenancy, Trusts, Appeal Procedure
Property Law Civil Procedure Adverse Possession Protected Tenancy Trusts Appeal Procedure

Case Brief

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Parties

Janet Picton James

Claimant/respondent

Michael Elwyn Wiseman

Claimant/respondent

Oladipo Opanubi (as Interim Administrator of the Estate of the late Chief Adewunmi Adeboye, deceased)

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicants acquired title by adverse possession
  2. 2 Whether permission to appeal should be granted under CPR Part 52.13

Ratio Decidendi

The court was not satisfied that the requirements of CPR Part 52.13 for a second appeal were met and adjourned the application for further consideration.

Court Disposition

Application adjourned

Orders

  • Case adjourned to the first open date next term
  • Notice to be given to the defendant