Read the full judgment text of CACV 000040/1977 on BabelCite. This Court of Appeal judgment.
1. The issue on the appeal has been whether the judge was right in refusing a remedy to the Plaintiffs on the ground that they had not only waived a past breach of the restrictive covenant but also so acquiesced in the continued breach of the covenant that the covenant itself had been waived. The covenant was one not to use the space for any other purpose than parking, loading and unloading of motor vehicles. Use consistent with the covenant could be incidental to an industrial user or to any ot
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