Franny Investments LTD v Olajide & Ors [2024] EWHC 2456 (KB) (06 September 2024)

Franny Investments LTD v Olajide & Ors [2024] EWHC 2456 (KB) (06 September 2024)

Interim injunction granted only against Akpatas as evidence shows they are trespassers with no legal right to remain; refused against Olajide and Harris as Olajide is likely an assured shorthold tenant and Harris is not a trespasser. Proper forum for possession against Olajide is County Court, not High Court injunction.

Citation
[2024] EWHC 2456 (KB)
Parties
Claimant: Franny Investments Ltd; First Defendant: Mr Femi Alaba Olajide; Second Defendant: Mr Prince Edeki; Third Defendant: Ms Dionne Harris; Fourth Defendant: Mr Morris Akpata; Fifth Defendant: Mrs Oluwatoyin Akpata; Sixth Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
06 September 2024
Procedural Posture
Interim Injunction Application / Inter Partes Hearing
Outcome
Interim injunction granted in part
Legal Topics
Interim Injunctions, Possession Proceedings, Trespass, Tenancy Disputes
Property Law Civil Procedure Interim Injunctions Possession Proceedings Trespass Tenancy Disputes

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Parties

Franny Investments Ltd

Claimant

Mr Femi Alaba Olajide

First Defendant

Mr Prince Edeki

Second Defendant

Ms Dionne Harris

Third Defendant

Mr Morris Akpata

Fourth Defendant

Mrs Oluwatoyin Akpata

Fifth Defendant

Persons Unknown

Sixth Defendant

Procedural Posture

Interim Injunction Application / Inter Partes Hearing

Legal Issues

  1. 1 Whether interim injunction should be granted to obtain vacant possession of property
  2. 2 Whether specific defendants are trespassers or lawful occupiers
  3. 3 Appropriate forum for possession proceedings against tenants

Ratio Decidendi

Interim injunction granted only against Akpatas as evidence shows they are trespassers with no legal right to remain; refused against Olajide and Harris as Olajide is likely an assured shorthold tenant and Harris is not a trespasser. Proper forum for possession against Olajide is County Court, not High Court injunction.

Court Disposition

Interim injunction granted in part

Orders

  • Interim injunction granted against Mr Morris Akpata and Mrs Oluwatoyin Akpata to vacate the property.
  • Application for injunction refused against Mr Femi Alaba Olajide, Mr Prince Edeki, Ms Dionne Harris, and persons unknown.