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MILLS-LAMPTEY v. YEBOAH

1970

HIGH COURT

GHANA

CORAM

  • ABBAN J

Areas of Law

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

AI Generated Summary

Abban J. decided a landlordtenant dispute arising from a 1961 lease of House No. D676/4, Jones Road, Accra. The defendants premises excluded a ground-floor room and porch previously demised to Emil J. Chahin and Khalil-Rokos Hage, with clause 5 promising their addition upon peaceable surrender after November 1968. The tenant ceased paying rent from June 1969, insisting the landlord should have ejected Chahin first, resulting in arrears of Na2200 by October 1969. After the suit was filed, he paid arrears into court. The court found the tenant breached clause 4(a), rejected the clause 5 excuse, and treated the re-entry clause as security for rent. Guided by Standard Pattern Co. v. Ivey and Mensah v. Grant, Abban J. granted equitable relief against forfeiture, dismissed ejectment, and awarded mesne profits (Na280 for JuneJuly 1970), damages (Na2200), and costs (Na2250).

JUDGEMENT