Khoury & Anor v Kensell

Khoury & Anor v Kensell

The claimants had no real prospect of establishing at trial that a building scheme existed, as there was insufficient evidence of intention to impose mutually enforceable covenants between purchasers, and the area benefited by the covenants was not sufficiently defined.

Parties
Claimant: George Alexander Khoury; Claimant: Susan Hilary Khoury; Defendant: Tina Lorraine Kensell
Jurisdiction
England and Wales
Judgment Date
09 February 2018
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment (strike Out)
Outcome
Appeal dismissed
Legal Topics
Restrictive Covenants, Building Schemes, Mutual Covenants, Summary Judgment, Enforcement of Covenants
Property Law Civil Procedure Restrictive Covenants Building Schemes Mutual Covenants Summary Judgment Enforcement of Covenants

Case Brief

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Parties

George Alexander Khoury

Claimant

Susan Hilary Khoury

Claimant

Tina Lorraine Kensell

Defendant

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment (strike Out)

Legal Issues

  1. 1 Whether a building scheme existed enabling mutual enforcement of restrictive covenants between purchasers
  2. 2 Whether the area benefited by the covenants was sufficiently defined
  3. 3 Whether there was intention to impose mutually enforceable covenants

Ratio Decidendi

The claimants had no real prospect of establishing at trial that a building scheme existed, as there was insufficient evidence of intention to impose mutually enforceable covenants between purchasers, and the area benefited by the covenants was not sufficiently defined.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; summary judgment (strike out) stands; claimants may apply to amend claim in County Court