Sledmore v Dalby [1996] 72 P & CR 196
Judgement for the case Sledmore v Dalby
Table Of Contents
The plaintiff sought possession of a house. She had owned it with her late husband.
The defendant lived in and had done much work on the house, but the deceased left it all to the plaintiff.
She sought possession after the defendant paid no rent.
CA Held
The will created no sufficient legitimate expectation to justify the claim of equitable interest on Defendant’s part.
The plaintiff's and defendants needs had to be balanced (Defendant had only made minimal use of the house and had other accommodation, unlike Plaintiff who had none), and an equitable remedy should not be used to create an injustice.
The plaintiff's need was more pressing. Defendant had lived in the house for 20 years rent free and the equity created by his expenditure had expired.
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