G. B. KHOURY (Syrian trader) v. J. A. MAKWEI (Customs officer)

Judgment:

This is a claim for specific performance of an agreement for a sub-

lease alleged to be embodied in a memorandum which reads as follows:-

"I, the undersigned, have agreed to sublease my plots Nos. 111 and 113 Prince of Wales Road, Takoradi, to Mr. G. B. Khoury, Trader, Sekondi on the following terms:-

Computed from "(1) That the term of the sublease will be for twentythe time when foundation islaid. five years certain with option of renewal at the expiration of this period.

"(2) That any building or buildings erected on these plots will be handed over to me intact as sublessor at the expiration of the period herein specified.

“(3) That a consideration money of £60 (Sixty pounds) will be paid to me forthwith.

“(4) That there will be a monthly rent of £2 for both plots during the period of the sublease.

(Sgd.) J. A. T. Makwei 21/4/43

"Received from Mr. Khoury the sum of £32 Thirty-two pounds leaving a balance of £28. "

“(Sgd.) J. A. T. Makwei

11/5/43

2d. stamp."

The defendant who is a Customs clerk of 24 years service holds two vacant plots in Takoradi under lease from the Government. They are in a commercial area where plots are at present in demand.

The plaintiff a Syrian trader was introduced to the defendant by one W. C. Quao of the Lands Department, Sekondi, with a view to negotiation for an assignment or sublease of the plots. In due course Quao prepared exhibit " A " (without the words in the margin) at the request of the plaintiff; the latter took it to the defendant who signed it on the 21st April, 1943. After this the plaintiff handed the memorandum to Mr. Gwira, who had been recommended to him by the defendant for the preparation of a draft sub-lease, and other necessary legal action. The draft sublease would have to be submitted to the Commissioner of Lands, his consent, on behalf of the Governor being required before the execution of the deed.

Later disagreement developed between the parties culminating in a letter dated the 26th July, 1943 (exhibit "G") from the defendant to the plaintiff. The first paragraph of the letter is not clear, but apparently it was intended to mean that the defendant denied that he had entered into any contract, and proposed to break off negotiations with the plaintiff.

On the 28th July the plaintiff handed to the defendant a letter (exhibit "F") from Mr. Awoonor Williams who (as well as Mr. Gwira) was employed by the plaintiff: he (the plaintiff) offered to pay a sum of £28 alleged to be pay