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
- Contract Law
1970
COURT OF APPEAL
CORAM
AI Generated Summary
The judgment, delivered by a panel including Apaloo, Siriboe, and Sowah JJ.A, focuses on the operation of Section 6 of the Landlord and Tenant Act, 1730 in the context of a surrender and renewal of a head lease. The court emphasized that when a lease is surrendered in order to be renewed and the chief landlord executes a new lease, that new lease is fully effective without requiring the surrender of existing underleases. The panel further explained that the estate under the new lease carries entitlement to rents, covenants, and duties from underlessees, with the usual remedies for recovery. At the same time, underlessees continue to hold and enjoy the demised premises as though the original lease remained in force, preserving continuity in leasehold arrangements.
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.”