June 4 2013
START DATE
END DATE
July 31 2013
Smith v. Smith
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
APPELLATE JURISDICTION LANDLORD AND TENANT
Justice Wade-Miller PJ
Mrs. Oonagh Vaucrosson for the Appellant
Auralee Cassidy for the Respondent
FACTS OF THE CASE:
The case involves Buford Smith appealing against an eviction order made by Magistrate Tyrone Chin on the grounds of rental arrears breach of the landlord/tenant agreement and offensive behavior. The property in question belongs to their parents and Buford claims it as his birthright. Janette Smith the respondent sought eviction based on these grounds
SUMMARY:
Whether the magistrate erred in ordering eviction without providing a detailed reason for his decision and the proper consideration of ownership claims and terms of the tenancy agreement
OUTCOMES:
Appeal allowed eviction order quashed case remitted to Magistrate's Court for detailed hearing
RULED IN FAVOUR OF:
Appellant (Buford Smith)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Smith v. Smith
The case involves Buford Smith appealing against an eviction order made by Magistrate Tyrone Chin on the grounds of rental arrears breach of the landlord/tenant agreement and offensive behavior. The property in question belongs to their parents and Buford claims it as his birthright. Janette Smith the respondent sought eviction based on these grounds