Ashley Peters v Mary Joseph

Facts

Ashley Peters and Mary Joseph are son and mother. They fell out over the beneficial ownership of 1 Cicely Road, London SE15, legal title to which had been held jointly by Ms Joseph and Mr Peter Enulue, Mr Peters' father. After Mr Enulue's death, Mr Peters contended that the beneficial interest was held in common as to 99% for his father, which passed to him by will, while Ms Joseph contended that she took the whole beneficially by survivorship. Ms Joseph had not lived at the property between 1998 and about April or May 2022; relations deteriorated rapidly on her return. On 14 June 2022 Mr Peters obtained a without notice injunction restraining Ms Joseph from conduct causing annoyance, harassment, alarm or distress and from interfering with his peaceful occupation; it was served on 16 June 2022 and discharged on the return date, 24 June 2022, on mutual undertakings before District Judge Bell. On 29 July 2024 Recorder Eaton-Turner held that Ms Joseph was sole beneficial owner by survivorship, refused permission to appeal but stayed his order, and took further undertakings from her in the same terms. Mr Peters lodged an appellant's notice on 7 November 2024. He then applied to commit Ms Joseph for six alleged breaches, including changing the locks on 4 October 2024 and excluding him.