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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Lysongo v Railtrack Plc [2001] EWCA Civ 1375 (31 July 2001) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2001/1375.html Cite as: [2001] EWCA Civ 1375 |
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ON APPEAL FROM THE CENTRAL LONDON CIVIL TRIAL CENTRE
(His Honour Judge Knight)
The Strand London WC2A Tuesday 31 July 2001 |
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B e f o r e :
____________________
MAKWELWEY LYSONGO | Claimant/Applicant | |
and: | ||
RAILTRACK PLC | Defendant/Respondent |
____________________
The Respondent did not appear and was not represented
____________________
VERSION
OF JUDGMENT
Crown Copyright ©
"no part of the Property is to be used otherwise than for the Agreed Use".
"Although the Company have retained rights of advertisement on the Property the Tenant may display a notice of his name and business in a form and position approved in writing by the Surveyor".
"The Tenant shall in common with the Company and personsauthorised
by the Company have access to and egress from the Property along the route shown by brown colour on the plan annexed hereto or such alternative route as the Company may from time to time prescribe and shall pay to the Company on demand such proportion (according to use) of the costs incurred by the Company from time to time in maintaining and cleansing the said route as may be certified by the Surveyor".
"The tenancy shall not grant nor be deemed to grant any right to parkvehicles
on the said access route or on any adjoining land within the Company's ownership except during such times only as the Tenant is engaged in bona fide loading or unloading of goods into or out of the Property."
"A hard dried product is received in bulk, the pieces of dried food are subdivided and packed into smaller retail packs. Thearch
is occupied on a part time daily basis, as most of the stock is sold at a market in another borough."
"It has been brought to Railtrack's attention that you are currently using your demise in breach of the user clause. I draw your attention to your Tenancy Agreement dated 24 March 1997, which clearly states the agreed use is for the storage of foodstuff. Therefore, you are prohibited from trading and selling goods from your property.
In addition I would also request that you refrain from designating the roadway outside your designated demise as your private parking, which is also contrary to the terms of your Agreement."
"(1) The said Agreement contains a provision whereby you agreed to use the Premises for the storage of foodstuffs only.
(2) This provision has been broken in that you have been using the Premises for the purpose of trading and selling dried fish."
"In the course of the letting, he advised me that he wanted thearch
at Peckham for storage because he supplied the restaurants in the area. His trade was in Hackney with the local community. The
arch
was never discussed as use for retail, but storage for his trade to the restaurants and shops in the Peckham/Brixton area."