000 01478cab a2200181 4500
001 ABS37613
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u5579
041 _aeng
245 _aCelsteel Ltd and others v Alton House Holdings Ltd and another (No 2)
260 _c1987
350 _a0
490 _aEstates Gazette
_v281(6327) 28 March 1987, 1446-1448(3)
520 _aCA 18 December 1986. Appeal by lessee, Mobil Oil Co Ltd (MO), from a decision in favour of the lessor, Alton House Holdings, raising, in a second installment of litigation, a question of the construction of a covenant of quiet enjoyment in a lease. Alton House were freeholders of a driveway leased to MO which had established a petrol filling station and proposed to set up a car wash adjacent to flats whose tenants had garages in the driveway over which rights of way were exercised. The car wash would reduce the right of way to the tenants. The previous judge accepted there would be interference with the right of way and granted an injunction against the defendant and MO. MO contended the injunction constituted a breach of the covenant of quiet enjoyment. In proceedings giving rise to the present appeal the judge rejected this contention holding that the tenants of the flats and garages did not "claim under" the freeholders. MO appealed. CA considered the previous judge had reached th
690 _aLANDLORD AND TENANT-CASE LAW
942 _n0
948 _c04/03/1997
999 _c3329
_d3329