Mackenzie (claimant/appellant) v Cheung & anr (defendants/respondents)
Wednesday 13 December 2023
By appellant’s notice filed on 2 March 2023, the Claimant appeals the Order of Mr Justice Miles dated 8 February 2023.
Background – The case concerned restrictive covenants affecting land in Croydon, previously part of an estate. Mr Justice Miles heard the Defendant’s appeal against the Order of Deputy Master Bowles in which he declared that the property was subject to a restrictive covenant whereby no building may be erected thereon except for one detached dwelling house and the property shall not be used at any time otherwise than as a private residence. Deputy Master Bowles also declared that the Claimant was entitled to enforce the covenant.
Mr Justice Miles confirmed the declarations but otherwise allowed the appeal. The Claimant further appeals to this court.
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