MRS MARGARET AMARLEY TAGOE & ORS v. CAPTAN CINEMA COMPANY
2022
COURT OF APPEAL
GHANA
CORAM
- ACKAH-YENSU, J.A. (PRESIDING)
- BERNASKO ESSAH. J.A.
- GEORGE KOOMSON, J.A.
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (per S. R. Bernasko Essah, J.A.) reviewed a landlord–tenant dispute arising from a 1956 lease under which the tenant built the Olympia cinema, now Light House Chapel International. The landlords, Edward Quaye’s children and administratrixes, alleged erratic rent and unilaterally notified an increase effective July 1, 2012. The High Court, relying on a Land Valuation Division assessment, fixed ground rent at GH¢8,760 per annum effective January 1, 2012 and awarded interest at prevailing commercial rates. On appeal, the court held that the head lease had no review clause and the 2014 valuation could not be retroactively applied to 2012. It set aside backdated rent and interest, rejected arrears-based ejectment, and, exercising its rehearing jurisdiction, ordered the GH¢8,760 rent payable prospectively from January 2015. Judges Barbara Ackah-Yensu, J.A. (Presiding), and George Koomson, J.A., concurred.
S. R. BERNASKO ESSAH (MRS.), J.A.
This is an appeal by Defendant/Appellant, against the judgment of the High Court delivered on 18th December 2017 which was in favour of the Plaintiff/Respondent. The grounds of Appeal are that
a. The decision is against the weight of evidence adduced at the trial.
b. The learned Judge erred in law when she backdated the new rent payable for the property the subject matter of the suit, and the interest ordered to be paid on same.
On page 233 of the ROA we observe that the Plaintiffs filed a cross appeal. However, it appears it was not progressed or pursued. We will deem that it was abandoned and proceed with the Defendant’s appeal.
In this appeal, the Parties shall maintain their respective designations they held at the trial Court.
The relevant antecedents to this appeal can be summarized as follows:
The Plaintiffs being the children and administratrixes of the Estate of Edward Quaye (deceased) the original owners of the ‘Olympia” (now designated Light House Chapel International) brought an action for and on behalf of the estate of Edward Quaye (deceased) against the Defendant, tenants of the said Edward Quaye, seeking certain reliefs.
It was their case that by an indenture of lease dated 10th July 1956, the said Edward Quaye granted a lease of land to one Salim Ibrahim Captan. The lease was registered as AC3223/56 with deed registry No. 2541/1956.
Per the terms of the lease, the Defendant was at liberty to construct a dwelling house, stores, workshops, cinema house, petrol station or such other buildings as they may require, which shall become the property of the landlord upon the determination of the tenancy.
Subsequently Defendant constructed a cinema house known as Olympia on the land. It was the Plaintiff’s case that the Defendant did not respect the terms of the lease and the payment of rent was erratic. Notices dated 9th June 2011, 11th May 2012 and 9th June 2012, to the Defendant drawing their attention to their neglect to pay rent, and a request that the breach is remedied, as well as the erratic payment of same, yielded no result.
On the 11th of May 2012 they notified the Defendants of an increase of rent effective 1st July 2012, but Defendants refused to pay rent for the year 2012 hence the rent fell into arrears.
That per the terms of the lease, rent is payable on or before the end of January of each year. Further per Clause 4(1) the failure to pay arrears of rent for one calendar month after becomi