Read the full judgment text of HCA 000056/1999 on BabelCite. This High Court CFI judgment was delivered on 30 July 1999.
1. This is an appeal from an order of Master Muttrie giving summary judgment in favour of a landlord in respect of arrears of rent, etc. The tenant asks for leave to defend the action, claiming to have a counterclaim for damages against the landlord for breach of the latter's covenant for quiet enjoyment and for derogation from its grant. This complaint is based on the fact that the landlord has approved plans which show a second entrance to the tenant's premises, being an entrance which has lon