Salgado v. Moses – sllr 1980 volume 2 page 006

In the case between the landlord (respondent) and tenant (appellant), the court addressed the interpretation of section 27 of the Rent Act No. 7 of 1972, specifically whether its provisions for ejectment apply to both “tenant landlords” (landlords occupying part of the premises as tenants themselves) and “owner landlords.” The central question was whether the statutory right to seek ejectment from part of a premises in the landlord’s occupation is restricted solely to owners, or whether it also applies to those who are themselves tenants on the premises. The findings established that the ordinary meaning of section 27, read with the interpretation clause, includes both owner landlords and tenant landlords. Emphasis was placed on the principle that a statutory proviso cannot limit the clear