ASAFU-ADJAYE v. GABRIEL ABBOUD & Co. Ltd.
1970
COURT OF APPEAL
CORAM
- Apaloo
- Siriboe
- Sowah JJ.A
Areas of Law
- Property and Real Estate Law
1970
COURT OF APPEAL
CORAM
AI Generated Summary
The case addresses Section 6 of the Landlord and Tenant Act, 1730, and its impact on the validity and enforceability of underleases when the primary lease is surrendered and renewed. The court held that underleases remain valid and individuals holding underleases retain their rights to rents, covenants, and duties as if the original lease continued. The legal principles focus on the continuity of underleases and the rights and remedies accorded to those holding such interests.
Section 6 of the Landlord and Tenant Act, 1730 reads:
“In case any lease shall be duly surrendered in order to be renewed and a new lease made and executed by the chief landlord or landlords, the same new lease shall without a surrender of all or any of the underleases be as good and valid to all intents and purpose as if the underleases derived thereout had been likewise surrendered at or before the talking of such new lease.
All and every person and persons in whom any estate for life or lives or for years, shall from time to time be vested by virtue of such new lease and his, her and their executors and administrators shall be entitled to the rents, covenants and duties, and have like remedy for recovery thereof and the underlessees shall hold and enjoy the measuages, lands and tenements in the respective underleases comprised as if the original leases out of which the respective underleases are derived, had been still kept on foot and continued.”