Abelene Limited; Eli Wallitt; Elizabeth Wallitt v Cranbrook Finance Inc; Starlen Services Inc; Quist; Dayan; Trustees of Poku Trust and Owusu-Nyantekyi

The Court of Appeal may refuse leave to appeal where, having considered the applicant’s grounds and the material placed before it, it is satisfied that the order below was correct on the facts and that the application has no merit. The court need not reproduce a detailed chronology or every procedural order where that material is unnecessary to explain the decision. The challenge to an order permitting the addition of parties, requiring vacation of property and restraining re-entry was refused, with costs.

Dr Nyantekyi applied for leave to appeal against an order made by Mr Justice Jacob on 23 December 1996. The order permitted the plaintiffs to add the Trustees of the Poku Trust as defendants, required vacation of 34 Ovington Square, London, and restrained the respondents from returning to the property.

The applicant sought to set aside the order and obtain restitution and recovery of the property as the family home, or alternatively a stay pending trial. The central issue was whether the proposed appeal had sufficient merit to justify granting leave.

The Court of Appeal (Civil Division), comprising Lord Justice Swinton Thomas and Lord Justice Thorpe, refused the application for leave to appeal and ordered costs.

1. Lord Justice Swinton Thomas considered the applicant’s grounds, the chronology, documents in the bundles and previous orders made in the proceedings. He was satisfied that Mr Justice Jacob’s order was correct on the facts of the case and that the application had no merit.
2. The court held that it was neither appropriate nor necessary to set out the full chronology or the various procedural orders. The material before the court was sufficient to determine the application without reproducing that history.
3. Lord Justice Thorpe agreed with the reasoning and outcome. The formal order was that the application be refused with costs.

• Court of Appeal (Civil Division): refused Dr Nyantekyi’s application for leave to appeal and ordered costs.
• High Court (Chancery Division): Mr Justice Jacob made the challenged order on 23 December 1996, permitting the addition of the Trustees of the Poku Trust as defendants, requiring vacation of the property and restraining re-entry.