TENANT’S CLAIM

Otago Daily Times, Issue 26781, 26 May 1948, Page 2

TENANT’S CLAIM

TROUBLE IN HOUSE MAGISTRATE SEEKS AMITY Suggesting that counsel should speak to their respective clients in the hope that the parties wuold live in amity, Mr H. W. Bundle, S.M., yesterday adjourned sine die a claim for £25 damages for the alleged breach* of a' covenant for the quiet enjoyment of premises in Lonsdale avenue. The plaintiff was Florence Amelia Cope (Mr R. A. King), the tenant, who proceeded against James Gilbert Buchanan (Mr G. T. Baylee), the occupier of two rooms on the premises, and the owner of the property. The statement of claim alleged, inter alia, that the defendant had used bad language towards the plaintiff and members of her household, that he had trespassed on the plaintiff’s part of the house, cut down trees affording shelter, destroyed plants, demolished two sheds used by the plaintiff, removed two cowls from the chimney, and removejd the plaintiff’s letter box, for which he substituted his own. Mr King said the present defendant was refused an order for possession of the premises last December, but at the suggestion of the magistrate he and his family were given two rooms. In March the defendant was warned that his conduct would have to improve, but there had been little improvement since then. The defendant had erroneously adopted the attitude that “it was his place, and he would do as he liked,” said Mr King. It appeared that he wanted to make it uncomfortable for the plaintiff so that she would go. After witnesses had been heard for the plaintiff, Mr Baylee said it would appear that the defendant was a " wild, raging man who did everything to annoy.” What it amounted to was that the defendant ar.d his children might have been an annoyance to the plaintiff’s household. Mr Bavlee questioned the ground for the claim, and quoted legal authority tending to show that there could be no covenant for quiet living in such an oral arrangement as that which existed. Before Mr Baylee called the defendant to give evidence, the magistrate intimated that a decision in favour of either party would not help the situation in the house. Both counsel agreed that a further'attempt should be made to securp harmony, and the case was adjourned sine die. Debt Claims Judgment for the plaintiff by default was given in the following debt claims:— H. E. McArthur v'. L. Robertson. £5 15s 4d (costs £1 3s 6d); Bruce Coal Company, Ltd., v. A. G. Gallie, £l6O 12s 8d (costs £8 5s 8d); City Corporation v. the owner of lot 15, plan 423 (L.R.0.), block 1, Balaclava. rates due, £2 6s 4d (costs £3’Os 9d); City Corporation v. the owner of lot 26, plan 14 (D.R.0.), block 1, Balaclava, £2 6s 6d (costs £3 Os 9d).