The plaintiff mortgagee had had his warrant for possession executed. He now appealed against an order re-instating the mortgagor to possession.
Held: The wife had been unaware of the charge, and had not been made party to the proceedings. Nevertheless, the judgment was properly obtained, and the judge had no power to re-instate the claimant. Appeal allowed.
Citations:
[2003] EWCA Civ 490
Links:
Statutes:
Administration of Justice Act 1970 36(2)
Jurisdiction:
England and Wales
Citing:
Cited – Cheltenham and Gloucester Building Society v Obi 1996
Once a warrant for possession has been executed, the statutory jurisdiction to re-instate a mortgagor is no longer exercisable. The court’s own inherent jurisdiction is exercisable only if either the judgment on which the warrant is based is set . .
Cited – Peabody Donation Fund v Hay CA 1986
After a warrant for possession has been executed, the court’s inherent jurisdiction to re-instate a tenant is available only where the original judgment is set aside or there is shown to have been some abuse of process in the obtaining of the . .
Cited – Hammersmith and Fulham London Borough Council v Hill CA 25-Apr-1994
A possession warrant issued under a secure tenancy of a dwelling-house may not be set aside after its execution, unless the possession order itself was set aside for example as having been obtained by fraud. If a possession order has been made, . .
Cited by:
Cited – Cheltenham and Gloucester Building Society v Obi 1996
Once a warrant for possession has been executed, the statutory jurisdiction to re-instate a mortgagor is no longer exercisable. The court’s own inherent jurisdiction is exercisable only if either the judgment on which the warrant is based is set . .
Lists of cited by and citing cases may be incomplete.
Land, Banking
Updated: 07 June 2022; Ref: scu.181165