Openshaw v Kelly - [1954] NZLR 1058

Landlord and Tenant — Restrictive Covenant — Stipulation in Lease to Grocer not to let Adjoining Premises to Person carrying on Grocery Business — Adjoining Shop let to Tenant carrying on Dairy and Home-cookery Business — Such Tenant selling Considerable Range of Grocery Lines — Application for Injunction against Lessor and against Such Other Tenant — No Tenancy Agreement between Latter Parties executed — Other Tenant liable to Restraint at Plaintiff's Suit, notwithstanding Absence of Such Agreement — Declaration made as to Plaintiff's Rights.