Judgment :
By their Statement of claim the plaintiffs seek:-
(a) A declaration that they are entitled to one-half share of all rents and profits accruing from leasehold premises situate at Accra.
(b) An account of all rents and profits collected and received by the defendant in respect of the said leasehold premises from the 1st day of September 1946 and for the payment to the plaintiffs of their one-half share of such rents and profits as found due.
The facts of the case are as follows:-
On the 31st day of December 1945 Emil Kamel and Fuad Kamel as Vendors assigned their leasehold interest in the premises and hereditaments situate at Ussher Town, Accra to George Bechir Moukarzel.
On the 2nd February 1946 the said George Bechir Moukarzel assigned unto the defendant Joseph Halim Thome a half share of the said premises for the residue then unexpired term of 40 years.
On the 30th August 1946 George Bechir Moukarzel as Vendor on one part and the plaintiffs as purchasers of the other part, assigned for the consideration of £4,000 unto the plaintiffs the remaining half share of Moukarzel in the premises for the residue then unexpired of the term of
40 years.
The following documents were in addition to the Assignment dated the 30th August 1946, delivered to the plaintiffs by George Bechir Moukarzel:-
(1) Deed of Assignment dated on 31st December, 1945 from Emil Kamel and Fuad Kamel to George Bechir Moukarzel.
(2) Deed of Assignment dated 2nd February 1946 from George Bechir Moukarzel to Joseph Halim Thome.
On the 11th December, 1946 the plaintiffs, by their Solicitor wrote to the defendant as follows:-
"P.O. Box 282,
Kumasi, 11th December 1946
"Dear Sir,
Premises situated at Okaishie
Ussher Town, Accra
"My clients Messrs. K. Massoud & Sons have instructed me to say that they have bought half interest of the abovementioned premises from Mr. G. B. Moukarzel. They understand that you have the other half interest. They have therefore requested me to ask you to let them know the names of all the tenants uccupying the said premises and the amount of rents each pays to you in respect of the same. Please do not pay any more rents to Mr. G. B. Moukarzel, and if you do so in disregard to this notice it will be at your own risk.
"Trusting to hear from you at an early date.
"Mr. Joseph Halim Thome,
"Yours faithfully, "' (Sgd.)H.A.H.Benjamin.
c/o Albert Massoud, Esq.,
P.O. Box 176,
Accra.
The Solicitors for the defendant replied on the 17th December,
