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May 24, 1961
HIGH COURT
GHANA
CORAM
JUDGMENT OF ADUMUA-BOSSMAN,
By his writ of summons the plaintiff claims £G11,105 damages, as per particulars set out in his writ, against the defendant for the latter's alleged breach of the covenant for quiet enjoyment contained in an indenture of lease dated the 7th May, 1949, made between the defendant as lessor of the one part, and one James Oppong of Accra as lessee of the other part. By the said lease one large store situate at the junction of Boundary Road and Derby Avenue, Accra, and numbered D.988/3, was demised by the defendant as lessor to the said James Oppong as lessee for the term of twelve years certain starting as from the 1st November, 1949, at the yearly rental of £G250 payable by equal quarterly instalments in advance of £G1,00 per quarter, commencing from the 1st November, 1949.
The statement of claim filed in support of the writ sets out and explains in paragraphs 1,2, and 3 thereof how the plaintiff comes to claim the benefit of a covenant contained in an instrument to which, on the face of it, he was not a party, as follows:
"(1) By an Indenture of Assignment made the 28th day of December, 1951, the said James Oppong assigned his entire interest in the said premises unto one Osei Kojo of Accra for the remainder of the term created by the original Lease dated 7th May 1949, i.e. for 10 years certain commencing from 1st November, 1951.
(2) By an Indenture of Assignment made the 27th day of May, 1952, the said Osei Kojo assigned his entire interest in the said premises unto one Amin Homaidan of Accra for the remainder of the term created by the Indenture of Assignment dated 28th December, 1951.
(3) By an Indenture of Assignment dated 30th October, 1952, the said Amin Homaidan assigned his entire interest in the said premises unto the plaintiff for the residue of the term of 10 years created by the Indenture of Assignment dated 27th May, 1952. (See paragraph 1 of Statement of Claim). The defendant thereby covenanted with the said James Oppong the original lessee, that the lessee his executors administrators and assigns performing and observing the covenants therein contained in the original Lease by him and them to be performed and observed, should peaceably and quietly hold use and occupy the said premises for the said term without any lawful denial, let, hindrance, molestation from or by the Lessor or any person or persons rightfully claiming through him (see paragraph 2 of Statement of Claim). The plaintiff enjoys the benefits of
AI Generated Summary
ADUMUA-BOSSMAN, J. adjudicated a dispute arising from a chain of assignments of part of a leased store at Boundary Road and Derby Avenue, Accra (No. D.988/3). The defendant originally let the premises to James Oppong for twelve years at £G250 per year, expressly permitting assignment or subletting. Oppong carved out a smaller store and transferred the residue through Osei Kojo and Amin Homaidan to the plaintiff on 30 October 1952; the court held that exhibit C, though called an under-lease, operated as an assignment. Oppong’s arrears and surrender led to re-entry, extinguishing the contractual lease and assignment, but the plaintiff continued as a statutory tenant under the Rent Control Ordinance, retaining the benefit of quiet enjoyment. The defendant demolished part of the building, rendering the store unsafe and prompting municipal action and a possession order that displaced the plaintiff. The court found a breach of the covenant and awarded £1,243 damages plus costs, entering judgment for the plaintiff.