Kwanza Hotels Ltd. v Sogeo Co. Ltd. [1981] JLR 59 (10 June 1981)

Kwanza Hotels Ltd. v Sogeo Co. Ltd. [1981] JLR 59 (10 June 1981)

There is no implied warranty of lawfulness of construction and use of premises described as 'owner's accommodation' associated with a guest house, and the absence of planning permission or residential designation does not constitute a breach of contract.

Citation
[1981] JLR 59
Parties
Plaintiff: Kwanza Hotels Ltd.; Defendant: Sogeo Co. Ltd.
Jurisdiction
Jersey
Judgment Date
10 June 1981
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Implied Terms, Warranty of Lawfulness, Planning Permission
Contract Implied Terms Warranty of Lawfulness Planning Permission

Case Brief

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Parties

Kwanza Hotels Ltd.

Plaintiff

Sogeo Co. Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there is an implied warranty of lawfulness in the sale of premises described as 'owner's accommodation' associated with a guest house when constructed without planning permission and not designated as residential.

Ratio Decidendi

There is no implied warranty of lawfulness of construction and use of premises described as 'owner's accommodation' associated with a guest house, and the absence of planning permission or residential designation does not constitute a breach of contract.

Court Disposition

claim dismissed