29 Oct 1971
SKY KING RESTAURANT LTD v. CENTRAL ENTERPRISES LTD
- Citation
- SKY KING RESTAURANT LTD v. CENTRAL ENTERPRISES LTD
- Court
- Court of Appeal
- Case number
- CACV5/1971
Appeal allowed: the letter of 26 October 1970 raised an arguable triable issue of waiver (it could, on proper factual inquiry, constitute an unequivocal affirmation of the lease) and the solicitor's affidavit was inadmissible/insufficient hearsay that failed to establish prima facie the use of the premises as a common gaming house; therefore summary judgment for possession was inappropriate and the defendant must be admitted to defend, subject to a conditional payment into court.