Norma Gibbons, 81, was charged with breaching a court-ordered non-molestation order originally brought by her daughter Dawn, who lives downstairs.
However, Bexley Magistrates Court cleared her of the charge because the original order prohibited her banging on the floor of her upstairs flat and her daughter told the trial the disturbing noise was made to the skirting boards and doors above.
The pair's relationship has completely broken down and there have been legal actions at Wandsworth's Family Court and at the Royal Courts of Justice.
Despite her acquittal Norma Gibbons, of Allfarthing Lane, Earlsfield was made subject to a new three-year Restraining Order, prohibiting her making or causing a noise inconsistent with reasonable household activities.
She was found not guilty of breaching the twelve-month non-molestation order, which was made at Wandsworth's Family Court on August 21, 2019 by causing audible noise to the flat below between February 1 and April 10, last year.
Agreeing the pair have a “poor relationship” Dawn, who works for Nationwide Building Society, told the court her mother owns the upstairs flat and helped her purchase the property below.
“We bought it together,” she told the trial, agreeing her mother contributed £100 towards the £600 per month mortgage.
Her mother also loaned her £10,000 and Norma says she paid for her grand-daughter's private nursery and at her daughter's suggestion has left her upstairs flat to her grand-daughter in her will.
Norma also claims her daughter has sued her in “multiple legal proceedings” even resulting in a High Court case.
“She is saying that I defrauded her,” Dawn told the trial, denying Norma's claims that she asked her mother to sign 100% of the property over to her.
She denied deliberately trying to cause her mother to “suffer” with the intention of driving her out of the property to obtain full title.
The court was played a security video from Dawn's downstairs flat, which recorded early-morning noise.
“It was a repeating banging in the early hours at 2am, 3am and 6am,” she told the court. “I did not sleep very well and would be woken and not be able to go back to sleep.
“It is very loud, instantly waking me up and my daughter. There are forty different recordings.
“It was like a shoe or a brush hitting the skirting or door.”
Norma found herself being questioned by officers at Kingston Police Station and said: “I never banged, I was only doing the hoovering. I don't bang on the floor.
“I am frightened for my life because we have a case in court. She stole my property.
“She would do anything. I am frightened for my life.”
The District Judge agreed there was a “deliberate tapping” but it was not in breach of the strict terms of the non-molestation order.
However, the judge felt the circumstances of the case merited a Restraining Order, which carries a maximum sentence of five years imprisonment if it is breached.
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