Makary v Hamdan; Hamdan v Makary

In this case, Makary v Hamdan; Hamdan v Makary, the primary dispute involved the ownership and occupancy of a property leased by a company associated with the defendant. The plaintiff sought to regain possession of the property after the lease had expired and the defendant continued to occupy the premises. The central issue before the court was whether the plaintiff had made assurances to the defendant that a new lease would be granted if the defendant undertook renovation works on the property, and if such assurances could be enforced through equitable or proprietary estoppel. Additionally, the court had to determine the nature of the defendant's continued occupancy of the property following the termination of the original lease and whether the defendant occupied the property under a tenancy at will or a periodic tenancy.

The court examined the evidence and found that the plaintiff did not make any assurances regarding the granting of a new lease contingent upon the renovation works. Therefore, the court held that the defendant's claim for equitable or proprietary estoppel was not valid. Regarding the nature of the defendant's occupancy, the court concluded that the defendant occupied the property under a tenancy at will, which was terminated by the plaintiff's initiation of proceedings for possession. Consequently, the court entered a judgment for possession against the defendant, permitting the plaintiff to regain control of the property.

The court's decision was based on a thorough analysis of the evidence presented and the applicable legal principles. The findings regarding the estoppel claim were grounded in the lack of any clear and unequivocal assurances made by the plaintiff. The determination of the nature of the defendant's occupancy and the termination of the tenancy at will were informed by the circumstances surrounding the defendant's continued occupation of the property and the ongoing negotiations for a new lease. The final orders of the court included a judgment for possession in favour of the plaintiff, allowing them to retake possession of the property from the defendant.