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MOORJANI AND OTHERS v DURBAN ESTATES LTD AND ANOTHER

Construction Law Reporter

MOORJANI AND OTHERS v DURBAN ESTATES LTD AND ANOTHER

Abuse of process – Cause of action estoppel – The rule in Henderson v Henderson

The defendant freehold owner sought to strike out the claimant's claim on the ground that it amounted to an abuse of process. The claimant had previously brought proceedings against the defendant in which he claimed that the defendant was in breach of its repairing obligations under the lease between the parties. In the present case the claimant was party to a further claim against the defendant in which the claimants sought to recover damages against the defendant (and also against the lessor under the leases) in which they alleged that the defendant and the lessor were in breach of their repairing obligations under the leases. Pepperall J held that the defendant was entitled to strike out the claims brought by the claimant.

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