Clarke v Goodman

• Jurisdiction: Barbados
• Judge: Hanschell, J.,Ward, J.
• Judgment Date: 20 December 1968
• Docket Number: No. 58 of 1968
• Date: 20 December 1968
• Court: Divisional Court (Barbados)

Divisional Court

Hanschell, J.; Ward, J.

No. 58 of 1968

Clarke

and

Goodman

Real property - Landlord and tenant — Tenancy — Termination

JUDGMENT OF THE COURT:

1 This appeal is from the decision of the magistrate of District “C” under the Landlord and Tenant Act, 1897-2, sec. 35, and the Security of Tenure of Small Holdings Act, 1955.

2 The only ground argued for this appellant was ground three that the decision was erroneous in point of law. The specific point being that the notice was bad and therefore it had not terminated the tenancy.

3 This was a weekly tenancy and the magistrate found as fact that the tenancy commenced on Friday 26th June, 1959. There was evidence on which he could properly so find. Although section 147 of the Magistrate's Jurisdiction and Procedure Act, 1956 was referred to by the learned counsel for the respondent and it was submitted that that section could be relied on by this court in finding that the tenancy commenced on a different day of the week, we do not think that section 147...