Michael Osagie v Kingsley Onwuka & Anor

Michael Osagie v Kingsley Onwuka & Anor

Although the FTT failed to expressly consider the interests of justice before proceeding in the appellant's absence, and this was a serious procedural irregularity, the appellant was properly notified of the hearing and there was no injustice caused by the irregularity. The outcome would not have been different had the appellant attended, so the FTT's decision stands and the appeal is dismissed.

Parties
Appellant: Michael Osagie; Respondent: Kingsley Onwuku; Respondent: Uyioghosa Leo Amadasun
Jurisdiction
England and Wales
Judgment Date
18 September 2024
Procedural Posture
Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)
Outcome
Appeal dismissed
Legal Topics
Rent Repayment Orders, Unlawful Eviction, Tribunal Procedure, Procedural Fairness
Landlord and Tenant Law Civil Procedure Rent Repayment Orders Unlawful Eviction Tribunal Procedure Procedural Fairness

Case Brief

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Parties

Michael Osagie

Appellant

Kingsley Onwuku

Respondent

Uyioghosa Leo Amadasun

Respondent

Procedural Posture

Landlord and Tenant Appeal / Appeal From First Tier Tribunal to Upper Tribunal (lands Chamber)

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in proceeding in the appellant's absence without considering the interests of justice under rule 34 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
  2. 2 Whether the procedural irregularity required the FTT's decision to be set aside

Ratio Decidendi

Although the FTT failed to expressly consider the interests of justice before proceeding in the appellant's absence, and this was a serious procedural irregularity, the appellant was properly notified of the hearing and there was no injustice caused by the irregularity. The outcome would not have been different had the appellant attended, so the FTT's decision stands and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Funds held by the appellant's solicitor to be released to the respondents as previously directed
  • Any accrued interest to be dealt with as directed by the appellant