London Borough Of Camden v Akanni [1997] EWCA Civ 901 (31 January 1997)

London Borough Of Camden v Akanni [1997] EWCA Civ 901 (31 January 1997)

The council's conduct did not amount to oppression or abuse of process; the applicant was clearly informed of the consequences and the court's inherent jurisdiction was not engaged. Leave to appeal was refused.

Citation
[1997] EWCA Civ 901
Parties
Plaintiff/respondent: Mayor and Burgesses of the London Borough of Camden; Defendant/applicant: Ishola Akanni
Jurisdiction
England and Wales
Judgment Date
31 January 1997
Procedural Posture
Appeal / Application for Leave to Appeal From Central London County Court Order
Outcome
application dismissed
Legal Topics
Possession Proceedings, Warrant of Possession, Oppression, Abuse of Process, Inherent Jurisdiction
Housing Law Civil Procedure Possession Proceedings Warrant of Possession Oppression Abuse of Process Inherent Jurisdiction

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Parties

Mayor and Burgesses of the London Borough of Camden

Plaintiff/respondent

Ishola Akanni

Defendant/applicant

Procedural Posture

Appeal / Application for Leave to Appeal From Central London County Court Order

Legal Issues

  1. 1 Whether the execution of the warrant of possession was oppressive or an abuse of process justifying setting aside the warrant
  2. 2 Whether the court should exercise its inherent jurisdiction to nullify the execution of the warrant

Ratio Decidendi

The council's conduct did not amount to oppression or abuse of process; the applicant was clearly informed of the consequences and the court's inherent jurisdiction was not engaged. Leave to appeal was refused.

Court Disposition

application dismissed

Orders

  • no order as to costs, save legal aid taxation of the applicant's costs