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May 17, 1961
HIGH COURT
GHANA
CORAM
JUDGMENT OF ADUMUA-BOSSMAN, J.
[His lordship recounted the facts and continued:] In their statement of defence both defendants denied the allegation contained in paragraph 1 of the plaintiff’s statement of claim that:
“The 2nd Defendants are sub-tenants of the Plaintiff occupying a one (1) door store in House No. D.832/4 Boundary Road, Accra, which had been carved out of a three (3) door store of which Plaintiff is tenant”.
I am satisfied, however, that factually and legally the defendants’ denial is groundless and unwarranted, and that the second defendants are subtenants to the plaintiff following Akill’s transfer to them of his interest in that portion of the store having one door which Akill had derived from the plaintiff. It seems to me that the second defendants are legally estopped per rem judicatam by the judgment which was given in their favour in the plaintiff’s action to eject them, from denying the subsistence of the sub-tenancy. The first defendants are also similarly estopped per rem judicatam by their own action against the plaintiff and the second defendants for recovery of the store for remodelling, as well as the compromise, exhibit C, from denying the subsistence of such sub-tenancy between the plaintiff and the second defendants. That the plaintiff as statutory tenant to the first defendants was entitled to create such sub-tenancy appears clearly, [p.244] firstly, from the definition in section 3 of the Rent Control Ordinance1 under which appears the following material definitions:
“ ‘let’ includes ‘sub-let’; and ‘letting’ includes ‘subletting’;
principal tenant’ means a tenant of premises who has or shall sub-let any part thereof as a separate holding but shall not include a tenant hereinafter referred to as a ‘derivative landlord’ who has or shall sub-let the whole of such premises as one holding; . . .
‘tenancy’ includes a sub-tenancy;
‘tenant’ means any person who leases premises from another person in consideration of the payment of rent, and includes any person deriving title under the original tenant, a sub-tenant . . .”
secondly, from the provisions of section 11, subsection (5), [reproduced in the headnote supra], as well as subsection (6) which says:
“Any sub-tenant against whom an order or judgment is not enforceable shall, if he remains in possession after notice of the judgment, cease to be a sub-tenant of the tenant and become a tenant of the landlord”
and thirdly, from the provisions of section 16(1)(c) th
AI Generated Summary
Adumua-Bossman, J determined a tenancy dispute concerning a three-door store at House No. D.832/4 Boundary Road, Accra. The plaintiff, a statutory tenant, had sub-let a one-door portion to Akill, who then transferred his interest to the second defendants. Relying on the Rent Control Ordinance’s definitions of tenant and sub-tenancy and English Rent Restrictions authorities, the court confirmed that statutory tenants may lawfully sub-let part of their premises. Prior litigation and a compromise in Action No. 41/58 established that the second defendants were lawful sub-tenants and that the plaintiff would re-enter the remodelled premises at rent fixed by the Rent Assessment Committee. The first defendants failed to restore possession upon completion, and the second defendants refused to attorn to the plaintiff, paying rent to the first defendants. Finding estoppel per rem judicatam and rejecting inappropriate injunctive relief before possession, the court exercised Order 28, rule 12 to amend the pleadings and granted appropriate reliefs: declaration and possession with mesne profits against the landlords, and orders compelling the sub-tenants to attorn to the plaintiff, pay standard rent, or face ejection. Judgment was entered for the plaintiff.