Read the full judgment text of CACV 000268/1999 on BabelCite. This Court of Appeal judgment was delivered on 14 January 2000 before Godfrey JA, Rogers JA.
Landlord and tenant – tenancy granted after mortgage without mortgagee's consent – landlord in default under mortgage – mortgagee claims possession – tenant notified of mortgagee's claim – tenant refuses to pay rent to landlord – landlord sues for arrears of rent and mesne profits – whether tenant has defence – estoppel – quiet enjoyment – paramount title – tenant absolved from paying rent to landlord from date of notification – tenant liable for mesne profits to mortgagee – appeal allowed – orders set aside – unconditional leave to defend granted – tenant at liberty to counterclaim for disturbance of quiet enjoyment – costs to tenant
Legal issues: Tenant's liability for rent after mortgagee's claim
Outcome: Appeal allowed; all orders made against the tenant in the landlord's proceedings set aside; tenant granted unconditional leave to defend.