Image from Google Jackets

Ozer Properties Ltd and another v Ghayadi

Language: English Series: Estates Gazette ; (8803) 23 January 1988, 87-88(2)Publication details: 1988Subject(s): Summary: CA 29 September 1987. Appeal from a county court decision granting possession of a room to the plaintiffs (O) (the present respondents). The defendant (G) occupied a room in a rooming house owned by a succession of landlords, and administered by a variety of people. G took possession of the room after paying someone a 100 deposit, for which they promised a rent book in return. This person never returned, and although G did not realise it, she did not have a tenancy and was trespassing. At a later date G was locked out of her room and she obtained an interim injunction ordering the landlords to let her return. In later proceedings, as plaintiff against the landlords, G obtained a judgement stating "the plaintiff do recover against the defendant damages to be assessed and costs". The present appeal against the present landlords arose because it was contended that the judgement which G had obtained previously, created a situation of "res judicata",which determined that she was a tenant

CA 29 September 1987. Appeal from a county court decision granting possession of a room to the plaintiffs (O) (the present respondents). The defendant (G) occupied a room in a rooming house owned by a succession of landlords, and administered by a variety of people. G took possession of the room after paying someone a 100 deposit, for which they promised a rent book in return. This person never returned, and although G did not realise it, she did not have a tenancy and was trespassing. At a later date G was locked out of her room and she obtained an interim injunction ordering the landlords to let her return. In later proceedings, as plaintiff against the landlords, G obtained a judgement stating "the plaintiff do recover against the defendant damages to be assessed and costs". The present appeal against the present landlords arose because it was contended that the judgement which G had obtained previously, created a situation of "res judicata",which determined that she was a tenant