Breuning v Kastner (CA 19 of 2017) [2018] SCSC 8128 (27 March 2018)
The Rent Board erred in dismissing the application for lack of locus standi as the uncontested lease agreement and admissions established the landlord-tenant relationship and the appellant's right to maintain the eviction application. The appeal was filed within the statutory time limit after excluding weekends and public holidays.
- Citation
- [2018] SCSC 8128
- Parties
- Appellant: Rose-Marie Breuning; Respondent: Uwe Kastner
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 27 March 2018
- Case Number
- CA 19 of 2017
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Rent Board
- Outcome
- appeal allowed
- Legal Topics
- Eviction, Locus Standi, Lease Agreement, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rose-Marie Breuning
Appellant
Uwe Kastner
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From Rent Board
Legal Issues
- 1 Whether the Rent Board erred in dismissing the eviction application for lack of locus standi
- 2 Whether the lease agreement and landlord-tenant relationship were established
- 3 Whether the appeal was filed within the statutory time limit
Ratio Decidendi
The Rent Board erred in dismissing the application for lack of locus standi as the uncontested lease agreement and admissions established the landlord-tenant relationship and the appellant's right to maintain the eviction application. The appeal was filed within the statutory time limit after excluding weekends and public holidays.
Court Disposition
appeal allowed
Orders
- Matter referred back to the Rent Board to be reconsidered on the merits
Full Case Text
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