Maria Jesus El Massouri v Omani Estates Limited

Maria Jesus El Massouri v Omani Estates Limited

The Defendant is estopped from asserting its title to the third floor as the Claimant and her late husband constructed, occupied, and let the third floor in reliance on the freeholder's acquiescence, and it would be unconscionable for the Defendant to enforce its rights under the Frimpong Lease. The Claimant is entitled to declarations and damages for trespass.

Parties
Claimant: Maria Jesus El Massouri; Defendant: Omani Estates Limited
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claimant's claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Adverse Possession, Proprietary Estoppel, Trespass, Long Leasehold, Negotiating Damages
Property Law Equity Land Registration Adverse Possession Proprietary Estoppel Trespass Long Leasehold Negotiating Damages

Case Brief

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Parties

Maria Jesus El Massouri

Claimant

Omani Estates Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Who is entitled to possession of the third floor of 93 Finborough Road?
  2. 2 Whether the Claimant has acquired title by adverse possession or proprietary estoppel?
  3. 3 Whether the Defendant is liable for trespass in areas demised to the Claimant?

Ratio Decidendi

The Defendant is estopped from asserting its title to the third floor as the Claimant and her late husband constructed, occupied, and let the third floor in reliance on the freeholder's acquiescence, and it would be unconscionable for the Defendant to enforce its rights under the Frimpong Lease. The Claimant is entitled to declarations and damages for trespass.

Court Disposition

Claimant's claim allowed; Defendant's counterclaim dismissed.

Orders

  • Declarations as to proprietary estoppel and adverse possession over the third floor.
  • Permanent injunction restraining Defendant from entering Claimant's premises except for repair rights.