Edwick Case
Edwick Case
Edwick Case
Between:
KEN RATTAN APPLICANT
AND
1. CYNTHIA CHUBB
2. ADELINE CHUBB
RESPONDENTS
1997 OCTOBER 24
NOVEMBER 07
JUDCEMENT
FARARA J In Chambers
Islet.
1
On the same day d'Auvergne J granted the injunction in terms
Policemen and two workers, and informed the Applicant and his
front doors, back door, four windows and four bedroom doors
premises, saying when he pays the rent owed they will replace
the said windows and doors. These acts were carried out in the
The Applicant also asserts that the area is a high crime belt and
he and his family live in dire fear for their lives and in fear for
2
Counsel for both parties are agreed that the exparte interim
the lease was duly determined by the said Notice to Quit on 31st
August, 1997 and, as such, the Applicant and his wife "have no
3
At the inter partes hearing on 24th october, 1997 Learned
stated -
"But according to the construction which I put upon the
document and which, if I have understood them rightly,
the Defendants' Counsel put upon it, much more is
expressed by this instrument - viz., an authority to eject
4
(2) The statute of Rich 2 of England does not apply in
(n and (iV).
In this case the House of Lands found that the right of re-
5
(5) To grant the injunction sought by the Applicant, though
j.
6
(b) The Court is not required, at this stage, to decide
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any person unlawfully to deprive the residential
part thereof.
Cheshire and Burn Modern Law of Real property
from Eviction Act 1977 of the United Kingdom has been or can
"Effect of Breach".
17th December, 1996 the windows and doors having been re-
installed in obedience to the exparte order of the Court.
8
the lease (AC2) was served on the Applicant on 1st July, 1997
giving until 31st August, 1997 to pay up the arrears. The validity
of that document as a Notice to Quit and whether upon
demised premises and physically evict the lessee whose lease has
been determined by notice for non-payment of rent, where
I am not satisfied, that under the laws of St. Lucia, a lessor can
in st. Lucia.
[1970) 17 WIR 112 a landlord, who had carried out acts similar
9
exemplary damages by the Court of Appeal as the landlord's
ought to be preserved.
However, the Applicant and his wife ought not to continue with
impunity and for no good reason, to not pay the arrears of rent
whilst continuing to enjoy the use of the Respondents property.
10
within seven (7) days failing which this injunction shall
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GERARD ST. FA (J\~, QC
HIGH COURT JUDGE ('J\tTING)
11