10 Jul 2008
STONEHURST ACCOMMODATION LIMITED V DUMELOW AND ANOR HC CHCH CIV-2008-409-000046
- Citation
- openlaw-92cef086_532f_4da7_9343_7b39436ff91f.pdf
- Court
- High Court
The court held that the guarantors' covenant to ensure tenant covenants that touch and concern the land runs with the reversion and is enforceable by the transferee without formal assignment or notice; the express wording of clauses 4 and 5 of the guarantee preserved guarantor liability against alterations, renewals and assignments, so summary judgment was properly entered against Ms Cameron; however the first respondent, Mr Dumelow, raised arguable defences of discharge by variation and estoppel that precluded summary judgment against him.