Ayela & Anor v London Borough of Newham

Ayela & Anor v London Borough of Newham

The appeal was dismissed because the appellants failed to demonstrate any waiver of the right to forfeiture, had no reasonable prospect of success at trial, could not pay arrears within a reasonable time, and the arguments advanced did not justify discretionary relief or the admission of fresh evidence.

Parties
Appellant/claimant: Mrs Sandra Ayela; Appellant/claimant: Mrs Debo Kaur Kalley; Respondent/defendant: The Mayor and Burgesses of the London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Forfeiture of Lease, Relief Against Forfeiture, Waiver, Promissory Estoppel, Non Attendance at Trial, Fresh Evidence on Appeal
Landlord and Tenant Civil Procedure Forfeiture of Lease Relief Against Forfeiture Waiver Promissory Estoppel Non Attendance at Trial Fresh Evidence on Appeal

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Parties

Mrs Sandra Ayela

Appellant/claimant

Mrs Debo Kaur Kalley

Appellant/claimant

The Mayor and Burgesses of the London Borough of Newham

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants had a good reason for non-attendance at trial under CPR 39.3(5)
  2. 2 Whether the respondent waived its right to forfeiture
  3. 3 Whether discretionary relief against forfeiture should be granted

Ratio Decidendi

The appeal was dismissed because the appellants failed to demonstrate any waiver of the right to forfeiture, had no reasonable prospect of success at trial, could not pay arrears within a reasonable time, and the arguments advanced did not justify discretionary relief or the admission of fresh evidence.

Court Disposition

appeal dismissed