Sovereign Housing Association Limited v Troy Munroe
[2024] EWCC 9
Notting Hill Genesis v Sabouh Aziz
29 October 2024
[2024] EWCC 15
County Court
A housing association got a court order to stop a man from harassing them. He broke the order multiple times. The judge found him guilty and gave him a suspended jail sentence plus a warning that he'll go to jail if he breaks the rules again.
Key Facts
- •Notting Hill Genesis (claimant) sought to commit Sabouh Aziz (defendant) for breaches of an injunction order.
- •The injunction, granted in July 2023 and continued in September 2023, prohibited Aziz from entering specific properties, contacting claimant's staff, using violence or causing harassment.
- •Aziz was largely unrepresented throughout the proceedings.
- •The court heard evidence from the claimant's housing officer, Mr. Ogodo, and the defendant's mother, Mrs. Aziz.
- •Aziz chose not to give evidence and left the court during the sentencing hearing.
- •Multiple breaches of the injunction were alleged and proven.
Legal Principles
In committal proceedings for breach of injunction, the claimant must prove the breaches beyond all reasonable doubt.
Court's own statement
Hearsay evidence can be considered in civil proceedings but its weight depends on the circumstances.
Court's own statement
The court considers the principles in Frejek v Frejek [2020] EWHC 1181 (Ch) when deciding whether to proceed in a defendant's absence.
Frejek v Frejek [2020] EWHC 1181 (Ch)
Sentencing in civil contempt cases considers ensuring compliance, punishment, and rehabilitation (Lovatt v Wigan Borough Council [2022] EWCA Civ 1631).
Lovatt v Wigan Borough Council [2022] EWCA Civ 1631
Outcomes
Aziz was found in contempt of court for breaches on 23 October 2023 (2 counts), 10 November 2023 (1 count), and 21 December 2023 (2 counts).
The court accepted Mr. Ogodo's evidence for most breaches. The court considered the specific facts and evidence for each alleged breach, applying the beyond reasonable doubt standard.
For the breaches on 23 October 2023, the court made no further order beyond the finding of contempt.
The breaches caused little harm.
For the breach on 10 November 2023, the court adjourned consideration of a fine for six months, to be vacated if no further breaches occur.
The court sought to incentivize future compliance.
For the harassing incidents on 21 December 2023, the court imposed two concurrent seven-week prison sentences, suspended for six months on conditions.
These breaches were considered serious and caused harm and distress to Mr. Ogodo. The suspension aimed at rehabilitation and future compliance.