Excel Trading (Pty) Ltd v Chetty (CA 06/2012) [2016] SCSC 15 (20 January 2016)

Excel Trading (Pty) Ltd v Chetty (CA 06/2012) [2016] SCSC 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 claimed; therefore, the Rent Board's order against the company was set aside.

Citation
[2016] SCSC 15
Parties
Appellant: Excel Trading (Pty) Ltd; Respondent: Levi Krishna Chetty
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 January 2016
Case Number
CA 06/2012
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rent Arrears, Corporate Personality, Tenancy Agreements, Burden of Proof
Source Language
English
Landlord and Tenant Commercial Law Rent Arrears Corporate Personality Tenancy Agreements Burden of Proof

Case Brief

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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 tenant of the premises in question
  2. 2 Whether sufficient evidence existed to establish Excel Trading (Pty) Ltd as tenant and liable for the sums claimed

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 claimed; therefore, the Rent Board's order against the company was set aside.

Court Disposition

appeal allowed

Orders

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