Alker v Le Masurier Ltd. [1992] JLR 173 (21 July 1992)

The magistrate has discretion to adjourn eviction proceedings in the Petty Debts Court pending the outcome of an action in the Royal Court, but such proceedings must be determined within a reasonable time after the expiry of the period for challenging the notice to quit.

Citation: [1992] JLR 173
Parties: Applicant: Alker; Respondent: Le Masurier Ltd.
Jurisdiction: Jersey
Judgment Date: 21 July 1992
Procedural Posture: Civil / Application for Stay of Proceedings
Outcome: Application for stay of proceedings is subject to the magistrate's discretion; eviction proceedings must be determined within a reasonable time.
Legal Topics: Stay of Proceedings, Parallel Proceedings, Eviction, Discretion of Magistrate

Civil Procedure Stay of Proceedings Parallel Proceedings Eviction Discretion of Magistrate

Case Brief

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Parties

Alker

Applicant

Le Masurier Ltd.

Respondent

Procedural Posture

Civil / Application for Stay of Proceedings

Legal Issues

1 Whether the magistrate has discretion to adjourn eviction proceedings in the Petty Debts Court pending outcome of an action in the Royal Court under art. 3(3) of the Loi (1946) concernant l'expulsion des locataires refractaires
2 Whether eviction proceedings must be determined within a reasonable time after expiry of the time for challenging a notice to quit

Ratio Decidendi

Court Disposition

Application for stay of proceedings is subject to the magistrate's discretion; eviction proceedings must be determined within a reasonable time.