Natal law reports; Supreme Court Volume 18

 
9781154055399: Natal law reports; Supreme Court Volume 18

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...an interdict would be contrary to English practice and we have no practice here which would Dunne." authorize such a course. If the Court grants this interdict it will entirely change the position of the tenant by making him responsible to the Supreme Court for a contempt, instead of as under the lease to the landlord for the penalty provided for the breach of the lease, and to the landlord's common law remedy for the breach. No irreparable injury has been suffered or is contemplated b"y the landlord. mason, J.: The rule about irreparable injury is not applicable to a claim for an interdict in an action, but only applies to an interdict asked for on motion. Is there anything in the evidence to show that defendant has ever damaged the premises or that he has any intention of injuring them at any future time? (Wharton on Landlord and Tenant (13th ed.) p.p. 603, 012, 739; Acol Syndicate v. Ashby, N.L.R., Vol. X, p. 181.) Damages were never asked for until the summons was issued. If it had not been that tho Court had to decide that question which was to us a question of £1,100, wo should never have come to Court. A costly action of this kind should not have been instituted merely to secure an interdict. Costs should be given according to the equities of the case. The plaintiff has succeeded in one third of his claims only. He also cited Brown v. Gouws, Broome's Digest, Col. 150; Grcetham v. Walker, N.L.R., 1867, p. 93; Smuts' Executors v. Behrens, N.L.B., 1872, p. 71; Meera Sahib v. North, N.L.R, Vol. 1, p. 190: Nulliah v. Padayachee, N.L.R., Vol. 17, p. 59; Merelach v. Ldpperts, Buch, 1876; Mereham v. Oppenhcimcr, Capo App. Cases, Vol. 1; Rhodes v. Coetze, 1 Roscoe, 288. The following judgments were delivered:--Weagg, J.: In this...

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