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INTERPLAST LTD. v. BONSU

1978

COURT OF APPEAL

GHANA

CORAM

  • APALOO C.J.
  • KINGSLEY-NYINAH
  • FRANCOIS JJ.A

Areas of Law

  • Property and Real Estate Law
  • Equity and Trusts
  • Civil Procedure
  • Contract Law

AI Generated Summary

The landlord of business premises at Liberty Avenue, Adabraka, Accra leased a four‑door store in house No. 134 (formerly C.89/2) to a corporate tenant for five years, reserving quarterly rent and including a re‑entry forfeiture clause. After an administrative oversight left six quarters unpaid through December 1976, the landlord issued a written demand on 7 February 1977. The company verified the error and tendered a cheque dated 23 February 1977 for ¢3,240 to cover arrears and rent to December 1977, which the landlord refused, insisting on forfeiture under clause 4(a). He sued for possession and sought summary judgment; the circuit judge granted possession. On appeal, Apaloo C.J. held clause 4(a) did not automatically determine the lease and that equity’s purpose is rent security, warranting relief upon full payment. Statutory relief under the English Common Law Procedure Act, 1852 (preserved by Courts Act, 1971) was engaged because payment occurred before trial. The Court of Appeal allowed the appeal.

JUDGMENT