KWAMIN AMPIAH ON BEHALF OF THE LESSORS v. MESSRS. G. B. OLLIVANT LTD. OF CAPE COAST, LESSEES
1948
HIGH COURT
GHANA
CORAM
- Quist, J
Areas of Law
- Contract Law
- Property and Real Estate Law
- Civil Procedure
1948
HIGH COURT
GHANA
CORAM
AI Generated Summary
Quist, J resolved a dispute between lessors Kwamin Esun Ampiah, Elizabeth Cole, Edna Steele Dadzie and William Steele Dadzie and lessee G. B. Ollivant Limited over premises at 276 Kotokuraba Road, Cape Coast. Under a 1943 lease prepared from agreed terms, the lessee held for five years at £60 and had an option to renew for another five years at £100, subject to the same covenants. Before expiry the lessee gave written notice to renew. The lessors refused, arguing the lease omitted a re-entry clause for breaches of repair and alleging unauthorized alterations (windows, doors, expanded metal, proposed ceiling). Applying authorities on “usual covenants,” the court held re-entry applies only to nonpayment of rent and the omission did not invalidate the lease or the option. The alleged breaches were consented to or remedied and not deliberate. The lessee’s timely notice vested the renewal right; the lessors’ refusal to sign could not divest it. Injunction was inappropriate as the option covenant is affirmative and had already been performed. Judgment was entered for the defendants with costs.
Judgment:
The amended claim in this action reads as follows:Plaintiffs claim Recovery of Possession and Mesne Profits and an Injunction restraining the Defendants from exercising the option to renew contained in the Lease dated the 9th day of April 1943, and made between them as Lessors and the Defendants as Lessees of all that piece or parcel of Land with the buildings thereon lying being and situate at 276 Kotokuraba Road, Cape Coast now G133/2 Kotokuraba Road, on the ground that the renewal will be inequitable because:
(a) A covenant for Re-entry by the Lessors for breach by the lessees of the covenant to keep the premises in good and tenantable repair and condition was omitted from the Lease.
(b) The Lessees have made alterations to the premises without the knowledge and consent of the Lessors and thereby caused a breach of the covenant to keep the premises in good and tenantable repair and condition.
By the said Indenture of Lease dated the 9th day of April 1943, the Lessors: Kwamin Esun Ampiah, Elizabeth Cole, Edna Steele Dadzie and William Steele Dadzie demised unto the Defendants G. B. Ollivant Limited the premises described in the claim, for a period of five years from the first day of February 1943 , at the yearly rent of £60.
The Lease contained amongst others a covenant " To keep the interior of the demised premises in good and tenantable repair and condition."
"(a) That the Lessees shall have the option of renewing the term hereby created for the further term of Five years at the rent of One hundred pounds ( £100 ) per annum, but otherwise subject to the like covenants and conditions as are herein contained with the exception of this right of renewal, and the Lessee shall signify its intention to renew the same by notice in writing to be given to the Lessors at any time before the last three months of the term hereby created."
“(c) If the rent hereby reserved or any part thereof shall be unpaid for three calendar months after becoming payable, it shall be lawful for the Lessors at any time to re-enter upon the demised premises or any part thereof etc."
The proviso for re-entry was not made applicable to the breach of any other covenant.
The lease was prepared by solicitors for the defendants in accordance with terms agreed upon between the lessors acting by their authorised representatative Kwamin Esun Ampiah, the principal plaintiff herein, and are contained in a letter dated 19th December 1942-Exhibit "D" in this case. The Indenture