Excel Trading (Pty) Ltd v Chetty (CA 6 of 2012) [2016] SCCC 15 (20 January 2016)

Excel Trading (Pty) Ltd v Chetty (CA 6 of 2012) [2016] SCCC 15 (20 January 2016)

There was insufficient evidence to establish that Excel Trading (Pty) Ltd was the tenant of the premises or liable for the rent arrears; therefore, the Rent Board's order against the company could not stand.

Citation
[2016] SCCC 15
Parties
Appellant: Excel Trading (Pty) Ltd; Respondent: Levi Krishna Chetty
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
20 January 2016 27 July 2016 20 January 2016
Case Number
CA 6 of 2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rent Arrears, Eviction, Corporate Personality, Burden of Proof
Source Language
English
Landlord and Tenant Commercial Law Rent Arrears Eviction Corporate Personality Burden of Proof

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Excel Trading (Pty) Ltd

Appellant

Levi Krishna Chetty

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether Excel Trading (Pty) Ltd was liable for rent arrears and subject to eviction as determined by the Rent Board
  2. 2 Whether sufficient evidence existed to establish Excel Trading (Pty) Ltd as tenant of the premises

Ratio Decidendi

There was insufficient evidence to establish that Excel Trading (Pty) Ltd was the tenant of the premises or liable for the rent arrears; therefore, the Rent Board's order against the company could not stand.

Court Disposition

appeal allowed

Orders

  • Order of the Rent Board set aside
  • No order as to costs