(1) The Court of Appeal held that by standing by and encouraging the woman to believe the house was now hers, he was estopped from denying that this was the case.(2) Taking all these factors into consideration, I find that the plaintiffs are estopped from making this claim at this late stage.(3) By reason thereof, the Claimant is estopped from denying that he is entitled to use the driveway for those purposes.(4) As a matter of law the claimant is thereby estopped from bringing the present claim.(5) Your Honour, the first defendant's position is that the plaintiff is either estopped from bringing these proceedings or the proceedings constitute an abuse of process.
