000			02053cad a22002775a 4500
001			L144576
008			080729e20080714xxk f v 000 0 eng d
035			_a(Sirsi) u144576
041	0		_aeng
245	0	0	_aOnwuama v London Borough of Ealing _h[electronic resource]
260			_c2008
520			_a[2008] EWHC 1704 (QB), 14 July 2008. Case found that res judicata should apply to the Landlord and Tenant Act 1985 S11. As a result, court was right to find that a tenant should be estopped from re-litigating a claim to the cause of dampness in her flat as this issue had already been determined against her. Appellant tenant (S) appealed against the decision of a county court to strike out her claims against local authority and landlord (R) for damp in her property. In her first claim she did not submit the evidence of an expert witness and damp had been attributed to condensation. S then tried to bring a second set of proceedings with evidence provided by an expert witness adducing the damp to the lack of a damp proof course in her property. She was estopped from proceeding as the source of the damp had already been decided and there was therefore no case of disrepair to answer. Appeal dismissed: case was in the public interest, as there must be a finality to litigation. As it was clear that S was seeking to claim in the second action for a matter already covered in the first, it was right that she be estopped from reopening a factual issue.
590			_aKA
650	2	4	_aONWUAMA V LONDON BOROUGH OF EALING
650	2	4	_aARNOLD V NATIONAL WESTMINSTER BANK PLC
650	2	4	_aLANDLORD AND TENANT ACT 1985 S11
650	2	4	_aTHODAY V THODAY
650	2	4	_aBRADSHAW V M'MULLAN
650	2	4	_aDEFECTIVE PREMISES ACT 1974 S4
650	2	4	_aGRIFFITHS V DAVIES
650	2	4	_aHENDERSON V HENDERSON
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-LANDLORD AND TENANT-DILAPIDATIONS
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/QB/2008/1704.html _zView the case free of charge at www.bailii.org...
942			_n0
999			_c80523 _d80523