Archive for November 2006
Moncure v. Cahusac (as Executor of the Estate of Doris Cahusac-Delisser) (Jamaica )  UKPC 54 (22 November 2006)
The landlord accepted rent from the tenant for a number of years. The tenant claimed to have exercised an option to renew and the landlord was estopped from denying that the tenant was entitled to a further 5 year term. In the light that the landlord had accepted rental payments the landlord’s claim for possession failed.
Where a conveyance of land was unclear or ambiguous a judge was entitled to have regard to extrinsic evidence such as that relating to the physical features of the land at that time. Evidence of subsequent conduct could also be taken into account provided it was of probative value in determining what the original parties to the conveyance had intended.