Walker v. Kerr [1916] ScotLR 103 (18 November 1916)

Walker v. Kerr [1916] ScotLR 103 (18 November 1916)

At the time the action was raised, the defender's entitlement to renewal of tenancy was still under adjudication by the Land Court, and he retained a title of possession. Summary ejection was not competent while the matter was pending appeal and no notice of removal had been served.

Citation
[1916] ScotLR 103
Parties
Pursuer: William Hamilton Walker; Defender: Joseph Kerr
Jurisdiction
Scotland
Judgment Date
18 November 1916
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Smallholder, Summary Ejection, Competency, Statutory Tenancy, Tacit Relocation
Landlord and Tenant Agricultural Law Smallholder Summary Ejection Competency Statutory Tenancy Tacit Relocation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

William Hamilton Walker

Pursuer

Joseph Kerr

Defender

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether summary ejection is competent against a statutory small tenant whose renewal application is pending appeal
  2. 2 Whether the defender has a title of possession during the pendency of Land Court proceedings
  3. 3 Whether notice of removal is required before ejection

Ratio Decidendi

At the time the action was raised, the defender's entitlement to renewal of tenancy was still under adjudication by the Land Court, and he retained a title of possession. Summary ejection was not competent while the matter was pending appeal and no notice of removal had been served.

Court Disposition

appeal dismissed

Orders

  • action for summary ejection dismissed
  • defender retains possession pending Land Court adjudication