9 Dec 2014
THE INCORPORATED OWNERS OF FREDER CENTRE v. GRINGO LTD AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF FREDER CENTRE v. GRINGO LTD AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM290/2013
The Tribunal held that the External Wall was not the Assigned Space because assignment must be express and there was no evidence of formal assignment. Although the incorporated owners have statutory power to approve conversion of common parts (and thus could acquiesce), acquiescence was not proved because the relevant signage had been removed or opposed promptly (c.4 months) and there was no evidence of detriment or that the Applicant knowingly permitted the Respondents to alter their position. On that basis the Applicant established the right and its breach and injunctive relief was warrante…