CONTINENTAL TERMINAL LIMITED v. GHANA PORTS AND HARBOURS AUTHORITY & 2 ORS

GBADEGBE JSC:

The instant appeal arises from an agreement between the parties herein where by the defendant-respondent-appellant (hereinafter conveniently referred to simply as the defendant) let and the plaintiff (also hereinafter conveniently simply referred to as the plaintiff) obtainedthe leasehold of a property belonging to the defendant on terms and conditions that included payment of rent and the development of the land within a specified period. It appears from the evidence that the covenant relating to the development of the land and payment of rent were recurrently breached by the plaintiff. On 10 August 2009, the defendant served a demand notice that is in evidence as Exhibit 11 on the plaintiff regarding the payment of rent that had been due and owing under the leasehold agreementand remainedunpaid. By Exhibit 11, the plaintiff was required to make payment of the outstanding rentby 31 August 2009 but before the date stipulated for payment, the defendant issued another letter -exhibit 14 dated 26 August 2009 that referred to the breaches to pay rent and develop the property in terms of the leasehold agreement. It was also indicated by the defendant to the plaintiff by exhibit 14that in view of the said breaches,it had decided to re-enter the land. It appears from the evidence that sequentially, when the plaintiff apparently in compliance with the demand contained inExhibit 11offered the amount due, the payment was rejected by the defendant’s authorised representative who explained to the agent of the plaintiff that he had been instructed not to accept the payment. Following the defendant’s refusal to accept the payment of the arrears of rent, the plaintiff made several frantic efforts to enable the payment to be accepted but all its efforts were rebuffed. Faced with the said state of affairs that looked quite troubling, the plaintiff took out the writ of summons herein before the High Court, Tema claiming the following reliefs:

1.Declaration that Defendant’s refusal to accept payment of rent arrears by the plaintiff is in breach of section 29 of the Conveyancing Act, 1973 (NRCD 175)

2.Relief against forfeiture upon such terms as may be just and equitable

3.An injunction restraining the defendants from re-entering or re-possessing the demised premises.

In the trial court, the plaintiff’s claim was refused and the defendant succeeded on its counterclaim for recovery of possession. An appeal therefrom by t