Okeke v Chen

Landlord wins · 2024-01-25

Adjudicator

Dawn Pentelechuk

Dispute

Breach Of Tenancy Agreement, Disturbance Of Peaceful Enjoyment

Landlord

A.D.C.

Tenant

B.C.O.

What happened

Tenant Barnabas Okeke filed an originating application seeking at least $2.5 million in damages against his landlord Andrew Chen, alleging that Chen had breached the residential tenancy agreement and disturbed Okeke's peaceful enjoyment of the premises. After being ordered to proceed with a statement of claim, Okeke filed a claim seeking a minimum of $5 million in damages, alleging Chen had breached the agreement, sent people to attack him, and refused to evict a tenant who had assaulted him. Chen filed a statement of defence, and Okeke applied to strike the defence and enter judgment against Chen, arguing the defence disclosed no reasonable defence and was frivolous, irrelevant, improper, and an abuse of process.

The ruling

The appeal was dismissed. The chambers judge's decision to not strike the statement of defence was found to be within their discretion, as the defence provided specific denials and the factual and legal matters were not suitable for summary dismissal. The stay of proceedings until security for costs was provided was also found to be reasonable.