H.H. Property Co Ltd v Rahim and others
H.H. Property Co Ltd v Rahim and others
- 1987
- Estates Gazette 282(6331) 25 April 1987, 455(1) .
CA 24 October 1986. An appeal by the defendents due to incorrect procedure adopted following an interim order for payment of arrears of rent in lanlords proceedings for possession and other relief against the tenant and other defendants. The interim order had not been fully complied with and the CC judge whose decision gave rise to the present appeal ordered that, unless the sum due was paid the defendants` defence should be struck out. The defendants appealed, to have the order set aside. Held that the order must be quashed. The judge was not entitled to make an order for the defence to be struck out under the inherent jurisidiction of the court. The correct procedure for the plaintiffs was to use the recognised procedure to enforce the interim order for payments. Appeal allowed.
CA 24 October 1986. An appeal by the defendents due to incorrect procedure adopted following an interim order for payment of arrears of rent in lanlords proceedings for possession and other relief against the tenant and other defendants. The interim order had not been fully complied with and the CC judge whose decision gave rise to the present appeal ordered that, unless the sum due was paid the defendants` defence should be struck out. The defendants appealed, to have the order set aside. Held that the order must be quashed. The judge was not entitled to make an order for the defence to be struck out under the inherent jurisidiction of the court. The correct procedure for the plaintiffs was to use the recognised procedure to enforce the interim order for payments. Appeal allowed.