Owugah v Workspace Management Ltd & Anor [2004] EWCA Civ 1193 (09 June 2004)

Owugah v Workspace Management Ltd & Anor [2004] EWCA Civ 1193 (09 June 2004)

The grounds of appeal raised only issues of fact, not principle; the lower courts' findings on title to sue and calculation of sums were justified; the District Judge's failure to address exemplary damages was not material as the claim was properly rejected on the facts; the reasoning, though brief, was sufficient;...

Source-derived case information.

Citation
[2004] EWCA Civ 1193
Parties
Claimant/applicant: Godwin Owugah; Defendant/respondent: Workspace Management Limited; Defendant/respondent: Workspace 5 Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal to Court of Appeal (second Appeal)
Outcome
Permission to appeal refused
Legal Topics
Relief Against Forfeiture, Damages, Exemplary Damages, Appeal Procedure, Adequacy of Judicial Reasoning
Landlord and Tenant Civil Procedure Relief Against Forfeiture Damages Exemplary Damages Appeal Procedure Adequacy of Judicial Reasoning

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Summary, issues, holding and outcome

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Parties

Godwin Owugah

Claimant/applicant

Workspace Management Limited

Defendant/respondent

Workspace 5 Limited

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the lower courts erred in dismissing the claim for damages and exemplary damages
  2. 2 Whether the reasoning of the District Judge was insufficient to support the decision
  3. 3 Whether the respondents had title to sue on the counterclaim

Ratio Decidendi

The grounds of appeal raised only issues of fact, not principle; the lower courts' findings on title to sue and calculation of sums were justified; the District Judge's failure to address exemplary damages was not material as the claim was properly rejected on the facts; the reasoning, though brief, was sufficient; no compelling reason for a second appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused