JUDGMENT OF EDUSEI J.
By his writ of summons, the plaintiff Samil Yamak, agent for Faud Fattal and Anwar Yamak, claims from the defendant:
(a) an account of all rents collected by the defendant from tenants occupying house No. 3/12, Boundary Road, Sekondi, and for payment to the plaintiff of whatever amount may be found due, and
(b) an order for injunction restraining the defendant from interfering with the plaintiff's right to collect rents in respect of the said house.
By an indenture of lease made on 27 May 1954 between the defendant as lessor and Faud Fattal and Anwar Yamak as lessees, the lessor leased the property known as house No. 3/12, Boundary Road, Sekondi, to the lessees for a term of twenty years at an annual rent of £G20 0s. 0d. and a further term of twenty years at the annual rent of £G20 0s.0d. after the expiration of the first term of twenty years. This lease is exhibit 1.
It was a term of the lease, exhibit 1, that the lessees should break down the existing building on the said plot No. 3/12, Boundary Road, Sekondi, and put up a substantial house in its place according to certain plans and specifications. This the plaintiff's principals did. The lessees further covenanted with the lessor "to pay and discharge all municipal council rates and dues and observe all conditions imposed by the Sekondi Takoradi Municipal Council": and also "to pay regularly the rents herein reserved and at the times specified." The lessees also covenanted with the lessor in clause (6) of exhibit 1 as follows:
"At the end of or sooner determination of the said term hereby granted, peaceably yield up possession of the said premises to the lessor, the said premises so substantially repaired and painted together with all fixtures belonging thereto to the lessor. Provided always that if and whenever the said rent hereby reserved or any part thereof whether lawfully demanded or not shall be unpaid for a period of three (3) calendar months or if the lessees do not observe and perform all and singular the covenants and agreements herein contained then at any time afterwards the lessor shall be at liberty to enter into the demised premises or any part thereof in the name of the whole and the same to have again repossess and enjoy as in their former estate . ..”
(The emphasis is mine.)
The lessees let part of the demised premises to sub-tenants including one Dan Sam on monthly rental, and the plaintiff was responsible for the collection of rents from these sub-tena
