Heptulla Brothers Limited v Thakore (Privy Council Appeal No. 13 of 1955)
Heptulla Brothers Limited v Thakore (Privy Council Appeal No. 13 of 1955) [1950] EACA 89 (1 January 1950)
The Privy Council held that the Rent Control Board's jurisdiction is limited to cases where a landlord and tenant relationship exists, as defined by the relevant Ordinance. The Board's determination of its own jurisdictional facts, such as the existence of a landlord and tenant relationship, is not conclusive and cannot create res judicata if a superior court finds that such facts do not exist. The findings of the Rent Control Board in these circumstances are merely collateral and do not preclude the Supreme Court from re-examining the issues. Furthermore, the evidence before the courts was i…
Source excerpt
- Rent Control
- Jurisdiction Of Tribunals
- Res Judicata
- Landlord And Tenant Relationship
- Licensor Licensee Distinction