General Hardware and Tool Mart Ltd. v. Office Machine Company Ltd. Misc. Civ. App. 2-A-70; 19/1/71; Kwikima, Ag. J.

General Hardware and Tool Mart Ltd. v. Office Machine Company Ltd. Misc. Civ. App. 2-A-70; 19/1/71; Kwikima, Ag. J.

 This is an objection to the ruling of the Rent Tribunal (hereinafter referred to as the Tribunal) fixing standard rent in respect of the appellant’s premises. In a very brief ruling consisting of seven and half lines of type the Tribunal purported to revise the standard rent of the premises without receiving any evidence as laid down under section 4 (1) (b) Rent Restriction Act. No reasons were given as to how the Tribunal arrived at the figure it fixed.

            Held: (1) “I entirely agree with Mr. Patel that the Tribunal has to act judicially in exercising its discretion to fix standard rent. Evidence must be heard and recorded. The owner of the premises must be heard unless he does not wish. In this way an appellate tribunal will be able to go into the merits and demerits of the Tribunal’s decision. Indeed the Tribunal has been urged to take a judicial approach in exercise of its discretion to fix standard rent

 by Georges, C. J. in the case Mwantange bint Seleman v. Douglas Jay Meclock 1968 H. C. D. 506 when he ruled: “The discretionary power to alter the standard rent must be exercised Judiciary (my emphasis). This discretion cannot be ascertained until the amount of the standard rent has been ascertained in accordance with the provisions of s. 4 (1), Rent Restriction Act.” (2) “The Tribunal was in this case reducing rent previously fixed. It ought therefore, to have heeded the words of the learned Chief Justice. This appeal must therefore succeed.” (3) Ruling of the Tribunal set aside.