(COURT OF APPEAL)

HUSSEIN HAMED HUSSEIN v. SUDAN RAILWAYS

AC-REV-120-1967

Principles

Landlord and Tenant—Government premises—Rent P Ordinance does not apply—Common law is applicable

Rent Restriction Ordinance does not apply on Government premises. Common law regarding landlord and tenant is the law applicable.

Advocate: Yousif Osman Bashir……………………. for applicant

Judgment

Abdel Mcigeed Hassazi J. November 4, 1968:—Applicant is a Sudan Railways employee. He was given house No. 319 S.R. Khartoum at a rent of £S.2.660m/ms. per month. Applicant was given notice to quit the house but he failed to do so. This suit was instituted for eviction and the court ordered such eviction. It is clear that the Rent Restriction Ordinance does not apply on Government premises, and the common law regarding landlord and tenant is the law applicable in such cases. Applicant admits that he was given notice to vacate the house. The tenancy contract could be terminated at common law with such notice and the District Court was therefore correct in ordering eviction.

I am of opinion therefore that this application is groundless and should be summarily dismissed.

El Rayah El Amin C. J. November 4, 1968 : —I agree.

M. E. A. Gassouma J. November 10, 1968 :—I agree.