Moosajees Limited v. Arthur And Others – sllr 2006 volume 1 page 065

In the case between Moosajees Limited and Arthur and Others, the court addressed whether certain premises should be classified as a “house” under Section 47 of the Ceiling on Housing Property Law, focusing on the standard for determining such classification and the proper allocation of the burden of proof. The legal issues included the correct interpretation of statutory provisions, specifically whether the assessment should be based on original construction purpose or subsequent use, the placing of the burden of proof, the authority of the Board of Review and Court of Appeal relative to jurisdiction, and the effect of ouster clauses in the context of constitutional judicial review. It was determined that the Board of Review and Court of Appeal erred by applying an incorrect test and misal