Johnsey Estates Ltd v Webb and others
Johnsey Estates Ltd v Webb and others
- 1990
- Estates Gazette (1990) 19 EG 84-87(3) .
ChD 28 April 1990. Preliminary issue in an action by landlords (J) against five sureties who had guaranteed tenant`s obligations under a lease of commercial premises. The question was whether the defendants (W) had been released from liability as sureties under a lease of which they were sureties from the outset by subsequent assignment of that lease. The question turned entirely upon the true construction of some unusual words in the sureties` covenant clause. W`s case was that on the true construction of those words, the sureties were released from their guarantees as soon as the term granted by the lease ceased to be vested in the original tenant. The covenant with J stated that "at all times so long as the term hereby granted is vested in the tenant". It had to be decided whether the words "the tenant" means the original tenant or whether the context admits of an extended definition to include the tenant or successors in title. Schiemann J considered that these quoted words were
BUSINESS TENANCIES
CASE LAW
ChD 28 April 1990. Preliminary issue in an action by landlords (J) against five sureties who had guaranteed tenant`s obligations under a lease of commercial premises. The question was whether the defendants (W) had been released from liability as sureties under a lease of which they were sureties from the outset by subsequent assignment of that lease. The question turned entirely upon the true construction of some unusual words in the sureties` covenant clause. W`s case was that on the true construction of those words, the sureties were released from their guarantees as soon as the term granted by the lease ceased to be vested in the original tenant. The covenant with J stated that "at all times so long as the term hereby granted is vested in the tenant". It had to be decided whether the words "the tenant" means the original tenant or whether the context admits of an extended definition to include the tenant or successors in title. Schiemann J considered that these quoted words were
BUSINESS TENANCIES
CASE LAW