Moosajees Ltd. v. Arthur & Others – sllr 2001 volume 2 page 101

In the case between MOOSAJEES LTD (plaintiff) and ARTHUR & OTHERS (defendants), the court addressed the issue of the proper classification of certain premises under the Ceiling on Housing Property Law, specifically whether the premises constituted business or residential property. It was determined that the Board of Review had applied the “User Test” in classifying the premises as residential based on evidence such as rent receipts, electoral register extracts, and birth certificates. The application of the incorrect legal test was claimed by the petitioner; however, the findings established that any such misdirection, if any, was intra-jurisdictional and not subject to judicial review. The principles reaffirmed included the appropriateness of assessing the actual use of premises in determ