Tchameni v Jones

Tchameni v Jones

On the factual findings, the parties did not live together as husband and wife at the property; therefore, it was not a matrimonial home and the court lacked jurisdiction to grant the orders sought.

Source-derived case information.

Parties
Applicant: Tchameni; Respondent: Jones
Jurisdiction
England and Wales
Judgment Date
30 April 2015
Procedural Posture
Appeal / Renewed Oral Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Matrimonial Home, Transfer of Tenancy, Occupation Order, Appeal Procedure
Family Law Matrimonial Home Transfer of Tenancy Occupation Order Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tchameni

Applicant

Jones

Respondent

Procedural Posture

Appeal / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether the property at 62 Woodland Street constituted a matrimonial home under paragraph 4 of Schedule 7 to the Family Law Act 1986
  2. 2 Whether previous county court decisions created estoppel or res judicata
  3. 3 Whether the factual findings regarding cohabitation were correct

Ratio Decidendi

On the factual findings, the parties did not live together as husband and wife at the property; therefore, it was not a matrimonial home and the court lacked jurisdiction to grant the orders sought.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal for a second appeal is refused