Swansea City & County Director Of Housing/Finance v Oben [2002] EWCA Civ 1339 (3 July 2002)

Swansea City & County Director Of Housing/Finance v Oben [2002] EWCA Civ 1339 (3 July 2002)

The arrangement to pay arrears was not a new tenancy contract but an agreement to discharge a judgment debt; no point of principle or practice was raised to justify a second appeal; the judge's exercise of discretion was not erroneous.

Citation
[2002] EWCA Civ 1339
Parties
Claimant/respondent: Director of Housing/Finance, City and County of Swansea; Defendant/applicant: Jacob Mbu Oben
Jurisdiction
England and Wales
Judgment Date
03 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Possession Proceedings, Suspension of Possession Orders, Enforcement of Judgments, Discretion of the Court, Contractual Arrangements Post Judgment
Housing Law Civil Procedure Possession Proceedings Suspension of Possession Orders Enforcement of Judgments Discretion of the Court Contractual Arrangements Post Judgment

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Parties

Director of Housing/Finance, City and County of Swansea

Claimant/respondent

Jacob Mbu Oben

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether an arrangement to pay arrears post-judgment constitutes a new tenancy contract
  2. 2 Whether the court should grant permission for a second appeal on a point of principle or practice
  3. 3 Whether the judge erred in exercising discretion to refuse suspension of possession

Ratio Decidendi

The arrangement to pay arrears was not a new tenancy contract but an agreement to discharge a judgment debt; no point of principle or practice was raised to justify a second appeal; the judge's exercise of discretion was not erroneous.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused