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Kened Ltd and another v Connie Investments Ltd

Language: English Series: Estates Gazette ; [1997] 04 EG 141-145(5)Publication details: 1997Subject(s): Summary: CA 11 May 1995. Receivers appointed by second planitiff bank D assigned an underlease on a property to K; a wholly owned subsidiary of D, who provided a form of guarantee until acceptable assignment could be made. C later acquired the reversion of the lease. K subsequently made application for consent to assign the lease to R, but C refused, stating that they were not being offered a guarantee of a surety with sufficient assets. The court below held that C had unreasonably witheld consent. C`s appeal dismissed.

CA 11 May 1995. Receivers appointed by second planitiff bank D assigned an underlease on a property to K; a wholly owned subsidiary of D, who provided a form of guarantee until acceptable assignment could be made. C later acquired the reversion of the lease. K subsequently made application for consent to assign the lease to R, but C refused, stating that they were not being offered a guarantee of a surety with sufficient assets. The court below held that C had unreasonably witheld consent. C`s appeal dismissed.