England and Wales Court of Appeal (Civil Division) Decisions

COURT OF APPEAL (CIVIL 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

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(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

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(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)

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MR FEATHERSTONEHAUGH (instructed by Messrs Macfarlanes, London EC4A 1BD) appeared on behalf of the Appellants.

DR NYANTEKYI appeared in person.

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J U D G M E N T

( As Approved by the Court )

Crown Copyright

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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.