Boidun Jaiyesimi v Sunday Adeyemi Kukoyi

Boidun Jaiyesimi v Sunday Adeyemi Kukoyi

The Defendant failed to properly file the amendment application by not complying with the fee payment requirements under CPR PD5B, and failed to serve an issued application. The Judge's refusal to hear the application and refusal of relief from sanctions were within the proper exercise of discretion, given the Defendant's repeated procedural breaches and failure to comply with court orders.

Parties
Claimant/respondent: Boidun Jaiyesimi (Personal representative of the estate of Oludolpano Jaiyesimi); Defendant/appellant: Sunday Adeyemi Kukoyi
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Case Management, Relief From Sanctions, Amendment of Pleadings, Costs Orders
Civil Procedure Case Management Relief From Sanctions Amendment of Pleadings Costs Orders

Case Brief

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Parties

Boidun Jaiyesimi (Personal representative of the estate of Oludolpano Jaiyesimi)

Claimant/respondent

Sunday Adeyemi Kukoyi

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Defendant properly filed and served an application to amend the defence and counterclaim in accordance with court orders and the Civil Procedure Rules
  2. 2 Whether the Judge wrongly exercised discretion in refusing to hear the amendment application and in refusing relief from sanctions for late service of witness statements

Ratio Decidendi

The Defendant failed to properly file the amendment application by not complying with the fee payment requirements under CPR PD5B, and failed to serve an issued application. The Judge's refusal to hear the application and refusal of relief from sanctions were within the proper exercise of discretion, given the Defendant's repeated procedural breaches and failure to comply with court orders.

Court Disposition

Appeals dismissed

Orders

  • Both appeals are dismissed
  • No order of totally without merit made due to substance of submissions