THE SUPREME COURT.

Dominion, Volume 5, Issue 1425, 27 April 1912, Page 13

THE SUPREME COURT.

| WI'IT OF PROriIBITIOX SOUGHT. | TJIK KtOSK CASE. I A writ of prohibition was asked for in j the Supreme Court, before Mr. Justico ! Chapman, yesterday to prevent plaintiffs j from acting upon a" judgment obtained in I iiie lower court in the case of the Kcli burno and Karori Tram Co., Ltd., v. llaxj well Spens-Ulacl:. ]t appeared that _ 011 April 11 the company proceeded against Maxwell Spoiis-Hlnel; for pos»ewion of tlio Kelburne Tea Kio«!c and fur .CM 0?. 2d., rent alleged (o lie due on that business. At the hearing, Mr. Izard, for plaintiffs, had stated that the claim was one for |)».-si'-.iinn of I lie premises, the lea.-e of which had ended, and for relit in arrears'. Defendant had had a three months' lease, which had expired nn Peeember 20. V.MI, and he had exercised a right lo renew this lease. The renewed lcaso had ended on March 2d, 11)12. Defendant had t>c«n. »!>• yliod to for Bwso&siuu,, but hud not loiL

tho promises. Everv latitude tad been extended to him, but ho still remained at (ho kiosk, and In' defending this notion it seemed tlint lio slill refused to quitOil behalf of defendant, Maxwell SpensBlack, Mr. Neave had addressed tho Court with a view to showing that defendant s lease did not expire until Juno 20. I his, ho said, u;h dear from tho provisions ol tho lease. He hold, also, that as the terms of tho leaso would have to be construed, owin«r to tho documents' ambiguity, the lower Court should not adjudicato in tho matter. On April 10 Dr. A. M'Arthur, S.M., who heard the ease, delivered his judgment in favour of tho plaintiffs. Mr. Izard then applied for the issue of a warrant for immediate possession, and this was granted, but was .suspended for seven days. Yesterday Mr. Neave asked flint plaintin's bo prohibited from further proceeding 011 tho judgment on the ground that it was granted without jurisdiction. -After liea,ring legal argument his Honour reserved decision.