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ABELENE LIMITED; ELI WALLITT; ELIZABETH WALLITT v. CRANBROOK FINANCE INC; STARLEN SERVICES INC; QUIST; DAYAN; TRUSTEES OF POKU TRUST and OWUSU-NYANTEKI [1996] EWCA Civ 1287 (24th December, 1996)
IN
THE SUPREME COURT OF JUDICATURE
COURT
OF APPEAL (CIVIL DIVISION
)
ON
APPEAL FROM THE HIGH COURT OF JUSTICE
(CHANCERY
DIVISION)
(MR
JUSTICE JACOB
)
Royal
Courts of Justice
Strand
London
WC2
Tuesday,
24th December 1996
B e f o r e :
LORD
JUSTICE SWINTON THOMAS
-and-
LORD
JUSTICE THORPE
- - - - - - - -
(1) ABELENE LIMITED
(2) ELI WALLITT
(3) ELIZABETH WALLITT
Appellants
- v -
(1) CRANBROOK FINANCE INC
(2) STARLEN SERVICES INC
(3) ANDREW QUIST
(4) RAPHAEL DAYAN
(5) TRUSTEES OF THE POKU TRUST
(6) DR KOJO OWUSU-NYANTEKI
(7) LESLEY OWUSU-NYANTEKI
Respondents
- - - - - - - -
(Computer
Aided Transcript of the Stenograph Notes of
Smith Bernal Reporting Limited
180 Fleet Street, London EC4A 2HD
Telephone No: 0171-831 3183/0171-404 1400
Fax No: 0171-404 1424
Official Shorthand Writers to the Court)
- - - - - - - -
MR
FEATHERSTONEHAUGH
(instructed by Messrs Macfarlanes, London EC4A 1BD) appeared on behalf of the
Appellants.
DR
NYANTEKYI
appeared in person.
- - - - - - - -
J
U D G M E N T
(
As
Approved by the Court
)
Crown Copyright
- - - - - - - -
Tuesday, 24th December 1996
LORD
JUSTICE SWINTON THOMAS: This is an application by Dr Nyantekyi for leave to
appeal against an order made by Mr Justice Jacob yesterday, 23rd December 1996,
when he ordered that the plaintiffs be at liberty to add the Trustees of the
Poku Trust as the sixth and seventh defendants to these proceedings and to
vacate the property, 34 Ovington Square, London SW3, and that they be
restrained from returning to that property.
Dr
Nyantekyi in his notice asked that the judgment be set aside and that judgment
be entered for restitution and recovery of the property as a home of the family
of seven with minors aged between 14 and three years, or, alternatively, a stay
of the judgment until trial of the issues.
Dr
Nyantekyi then sets out at length his grounds of appeal, which we have, of
course, read. Dr Nyantekyi has addressed us and he has also placed before us a
chronology setting out what has happened in relation to this property.
Mr
Featherstonehaugh on behalf of the plaintiffs has likewise and very helpfully
invited our attention to the relevant parts of the chronology prepared by the
plaintiffs' advisors, to various documents in the bundles and, perhaps most
pertinent of all, to various orders that have been made by judges in these
proceedings.
It
is not appropriate and nor is it in any way necessary for the purposes of this
judgment for us to recite that chronology or the various orders that have been
made. It is sufficient, in my view, to say that I myself have no doubt at all
that the order made by Mr Justice Jacob was on the facts of this case the
correct order for him to make and, in my view, there is no merit in this
application made by Dr Nyantekyi and I would refuse it.
LORD
JUSTICE THORPE: I agree.
Order:
Application refused with costs.
© 1996 Crown Copyright
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