St Nicholas Grammar School Ltd (Appellant) v Arnulphy and another (Respondents) (Mauritius)
Case ID: JCPC 2019/0005
Jurisdiction: Supreme Court of Mauritius
Case summary
Issue
Whether the Fair Rent Tribunal made an error of law when determining the fair market rent to be paid by the Appellant to the First Respondent in respect of land and buildings used by the Appellant as a school in Phoenix, Mauritius.
Facts
The Appellant is a school in Phoenix, Mauritus and first rented a building from the First Respondent on the site in 2000. The site which is the subject of this appeal is state land which is now being leased by the Ministry of Housing and Lands to the First Respondent.
The Appellant and the First Respondent made lease agreements in 2000 and 2003. In 2012, having failed to agree a new lease and believing that the rent being paid was below the market rental value, the First Respondent applied to the Second Respondent, the Fair Rent Tribunal, to set the fair market rent at Rs 190,000 per month. The Second Respondent fixed the market rent at Rs 94,000 per month.
The Appellant appealed to the Supreme Court of Mauritius. The Appellant argued that the Second Respondent did not have jurisdiction to determine the rent on the application of the First Respondent, who was herself a lessee, and that it further determined the rent for too large an area of land, when its assessment should have been limited to a single building. The Supreme Court dismissed the appeal. The Appellant now appeals to the Judicial Committee of the Privy Council.
Parties
Appellant(s)
St Nicholas Grammar School Ltd
Respondent(s)
Arnulphy and another
Appeal
Justices
Lord Reed, Lord Briggs, Lord Leggatt, Lord Burrows, Lord Stephens
Hearing start date
9 May 2022
Hearing finish date
9 May 2022
| Watch hearing | ||
|---|---|---|
| 09 May 2022 | Morning session | |
Judgment details
Judgment date
23 May 2022
Neutral citation
[2022] UKPC 23