Woww Ltd & Ors v Gani & Anor

Woww Ltd & Ors v Gani & Anor

The claim for a ten-year oral lease is legally impossible and must be struck out. However, the alternative claim for a periodic tenancy is arguable on the evidence and cannot be summarily dismissed. There are factual disputes regarding the existence and effect of alleged tenancies at will, the authority of Mr Islam, and the true nature of the occupation, which require a trial. The claimants are entitled to amend their pleadings to rely on a periodic tenancy and to interim injunctive relief pending trial, subject to conditions.

Parties
Claimant: WOWW LTD; Claimant: WEARWELL LONDON LIMITED; Claimant: MICHAEL UDO; Defendant: IQBAL IBRAHIM GANI; Defendant: ALLI MOHMED
Jurisdiction
England and Wales
Judgment Date
19 December 2018
Procedural Posture
Civil Landlord & Tenant (business Premises) / Interlocutory Judgment on Strike Out, Summary Judgment, Amendment, and Interim Injunction Applications
Outcome
Claim for ten-year oral lease struck out; permission to amend to plead periodic tenancy granted; summary judgment refused; interim injunction granted pending trial, subject to conditions.
Legal Topics
Business Tenancies, Periodic Tenancy, Tenancy at Will, Security of Tenure, Interim Injunctions, Summary Judgment, Strike Out Applications, Service of Claim, Authority of Company Officers
Landlord & Tenant Civil Procedure Business Tenancies Periodic Tenancy Tenancy at Will Security of Tenure Interim Injunctions Summary Judgment +3 more

Case Brief

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Parties

WOWW LTD

Claimant

WEARWELL LONDON LIMITED

Claimant

MICHAEL UDO

Claimant

IQBAL IBRAHIM GANI

Defendant

ALLI MOHMED

Defendant

Procedural Posture

Civil Landlord & Tenant (business Premises) / Interlocutory Judgment on Strike Out, Summary Judgment, Amendment, and Interim Injunction Applications

Legal Issues

  1. 1 Whether the claimants have an arguable right to a tenancy of the premises
  2. 2 Whether the claim should be struck out or summarily dismissed for legal impossibility or procedural defects
  3. 3 Whether a periodic tenancy can be inferred from the facts

Ratio Decidendi

The claim for a ten-year oral lease is legally impossible and must be struck out. However, the alternative claim for a periodic tenancy is arguable on the evidence and cannot be summarily dismissed. There are factual disputes regarding the existence and effect of alleged tenancies at will, the authority of Mr Islam, and the true nature of the occupation, which require a trial. The claimants are entitled to amend their pleadings to rely on a periodic tenancy and to interim injunctive relief pending trial, subject to conditions.

Court Disposition

Claim for ten-year oral lease struck out; permission to amend to plead periodic tenancy granted; summary judgment refused; interim injunction granted pending trial, subject to conditions.

Orders

  • Claimants permitted to amend pleadings to rely on periodic tenancy.
  • Defendants' applications for strike out and summary judgment refused as regards the periodic tenancy claim.