Le Masurier Ltd. v Alker [1991] JLR 37 (10 April 1991)

Le Masurier Ltd. v Alker [1991] JLR 37 (10 April 1991)

The Petty Debts Court has exclusive jurisdiction to make expulsion orders against tenants except contract leaseholders and may consider equitable objections to a notice to quit.

Citation
[1991] JLR 37
Parties
Applicant: Le Masurier Ltd.; Respondent: Alker
Jurisdiction
Jersey
Judgment Date
10 April 1991
Procedural Posture
Civil / Trial
Outcome
jurisdiction affirmed
Legal Topics
Jurisdiction, Expulsion Order, Notice to Quit, Equitable Objections

Case Brief

Summary, issues, holding and outcome

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Parties

Le Masurier Ltd.

Applicant

Alker

Respondent

Procedural Posture

Civil / Trial

  1. 1 Whether the Petty Debts Court has exclusive jurisdiction to make expulsion orders against tenants except contract leaseholders
  2. 2 Whether the court may consider equitable objections to a notice to quit

Ratio Decidendi

The Petty Debts Court has exclusive jurisdiction to make expulsion orders against tenants except contract leaseholders and may consider equitable objections to a notice to quit.

Court Disposition

jurisdiction affirmed