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7/13/2007

START DATE

END DATE

7/13/2007

Bernard Simmons v. Caroline Lapsley

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

Supreme Court of Bermuda Appellate Jurisdiction

Land Law

Richard Ground Chief Justice

Bernard Simmons in person

Mr C. Rothwell

FACTS OF THE CASE:

The Plaintiff, a landlord, brought an appeal against two Magistrates' Court rulings concerning his tenant, Caroline Lapsley. The first case involved a claim for unpaid rent, which was dismissed as the rent had already been paid before the hearing. The second case concerned the Plaintiff?s attempt to evict the Defendant for renovations. The Magistrate dismissed the eviction application, ruling that the Plaintiff had not provided sufficient evidence that the renovations required the premises to be vacated.

SUMMARY:

Rent payment eviction for renovations

OUTCOMES:

Rent claim dismissed; Eviction case remitted to the Magistrates' Court for proper hearing.

RULED IN FAVOUR OF:

Partial victory for Plaintiff?eviction case to be reconsidered.

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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Bernard Simmons v. Caroline Lapsley

The Plaintiff, a landlord, brought an appeal against two Magistrates' Court rulings concerning his tenant, Caroline Lapsley. The first case involved a claim for unpaid rent, which was dismissed as the rent had already been paid before the hearing. The second case concerned the Plaintiff?s attempt to evict the Defendant for renovations. The Magistrate dismissed the eviction application, ruling that the Plaintiff had not provided sufficient evidence that the renovations required the premises to be vacated.

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