Franny Investments LTD v Femi Alaba Olajide & Ors

Franny Investments LTD v Femi Alaba Olajide & Ors

The applicant is entitled to an interim injunction against the Akpatas as there is a strong case they are trespassers with no legal right to remain, and damages are not an adequate remedy. There is insufficient evidence to grant an injunction against Mr Olajide, who is likely an assured shorthold tenant in...

Source-derived case information.

Parties
Claimant: Franny Investments Ltd; Defendant: Mr Femi Alaba Olajide; Defendant: Mr Prince Edeki; Defendant: Ms Dionne Harris; Defendant: Mr Morris Akpata; Defendant: Mrs Oluwatoyin Akpata; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
30 September 2024
Procedural Posture
Civil (injunction Application) / Interim Injunction Hearing
Outcome
Interim injunction granted in part
Legal Topics
Interim Injunction, Possession Proceedings, Trespass, Tenancy, Eviction
Civil Procedure Land Law Interim Injunction Possession Proceedings Trespass Tenancy Eviction

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Parties

Franny Investments Ltd

Claimant

Mr Femi Alaba Olajide

Defendant

Mr Prince Edeki

Defendant

Ms Dionne Harris

Defendant

Mr Morris Akpata

Defendant

Mrs Oluwatoyin Akpata

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil (injunction Application) / Interim Injunction Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to an interim injunction for vacant possession of the property against the named defendants and persons unknown
  2. 2 Whether any of the defendants have a legal right to occupy the property
  3. 3 Whether the balance of convenience favours granting an injunction

Ratio Decidendi

The applicant is entitled to an interim injunction against the Akpatas as there is a strong case they are trespassers with no legal right to remain, and damages are not an adequate remedy. There is insufficient evidence to grant an injunction against Mr Olajide, who is likely an assured shorthold tenant in occupation, or against Mr Edeki, Ms Harris, or persons unknown. The balance of convenience favours the Akpatas' removal but not Mr Olajide's.

Court Disposition

Interim injunction granted in part

Orders

  • Interim injunction granted against Mr Morris Akpata and Mrs Oluwatoyin Akpata
  • Application for injunction refused against Mr Femi Alaba Olajide, Mr Prince Edeki, Ms Dionne Harris, and persons unknown