MILLS-LAMPTEY v. YEBOAH
1970
HIGH COURT
GHANA
CORAM
- ABBAN J
Areas of Law
- Property and Real Estate Law
- Contract Law
1970
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sued the defendant for arrears of rent, breach of covenant, and eviction. The defendant argued non-payment was justified as the plaintiff failed to evict another tenant (Chahin) in compliance with the lease. The court found the defendant breached the lease by withholding rent but granted him relief against forfeiture because he paid the arrears before the trial. The court awarded the plaintiff damages and costs but did not order the defendant's eviction.
JUDGMENT OF ABBAN J.
The plaintiff in this case claims from the defendant: (a) the sum of N¢200.00 being arrears of rent as from 11 June to 1 October 1969, together with mesne profits; (b) general damages for breach of covenant; and (c) an order for ejectment.
The undisputed facts in this case are as follows: By a lease dated 2 October 1961, the plaintiff demised to the defendant premises known as House No. D676/4, Jones Road, Accra. The lease excluded one room and a porch on the ground floor of the said house which prior to the lease of 2 October 1961, the plaintiff had already demised to Messrs. Emil J. Chahin and Khalil-Rokos Hage. The defendant covenanted, inter alia, to pay "every month during the said term a rent of £G20, i.e. N¢40.00 in advance on the first day of each month." There was a provision for re-entry in case the lessee failed to perform and to observe the covenants in the said lease.
There are two clauses in the said lease which are very relevant to this action, namely, clauses 4 (a) and 5. Clause 4 (a) reads as follows:
"That if the rent hereby reserved or any part thereof shall be in arrears and unpaid for the space of one calendar month next after the same becoming payable (whether formally demanded or not) or if any covenant on the part of the Lessee herein contained shall not be performed or observed then and in any of the said cases it shall be lawful for the Lessor at any time thereafter and upon giving one month's notice in writing to that effect to re-enter upon the said House or any part thereof in the name of the whole and thereupon this demise shall absolutely cease and determine but without prejudice to the right of action in respect of the Lessee's covenants herein contained."
Clause 5 reads:
"Provided always and it is hereby further agreed and declared that at the expiration of the ten years on or about 20th day of November, 1968 when the said Emil J. Chahin & Khalil-Rokos Hage peaceably and quietly surrender the said one Room and Porch to the Lessor, the Lessor shall automatically be deemed to have demised the said one room and one porch to the Lessee herein in addition to the other apartments herein before demised to him for the unexpired residue of the term of 25 years and the Lessee shall thenceforth pay [p.20] monthly and every month the rent of twenty-one Ghana pounds (£G21)."
The lease in question was tendered, without objection, by the plaintiff as exhibit A. According to the plaintiff, the defendant paid h