Read the full judgment text of CACV 000050/1967 on BabelCite. This Court of Appeal judgment was delivered on 26 March 1968.
1. I agree that the appeal must be allowed. The respondent bank's claim was laid in trespass, and intentionally so as its case clearly was that the appellant, throughout, was a trespasser. The appellant succeeded in establishing his defence that he was, and throughout had been, a tenant. It was clearly impossible, in the state of the pleadings and having regard to the nature of the contest, to award the respondent a sum for arrears of rent in lieu of damages for trespass. The appellant was, ther