Ratio Decidendi


(1961) JELR 65436 (HC)    
High Court  ·  6 Jul 1961 ·  Ghana

Ratio Decidendi

Core Terms Beta
tenantable repair
grosvenor square
statement of claim
minded tenant of the class
statement of defence
determination of the tenancy
new paper
said agreement
sanitary condition
tenancy agreement
terrible state of dilapidation
age of the house
internal parts
internal walls
mr. forster
adumua-bossman j.
ashgrove house
breach of clauses
defendants of covenants
denial of liability
different times
garage door
general damages
good order
hours notice
internal parts of the dwelling-house
internal timber
items of damages
letter exhibit h
necessary repairs
older authorities
particulars of the damages
plaintiff’s writ
regards windows
responsibility of the plaintiff
result of breaches
similar paint
similar paper
special damages
tenantable order
tenantable state
tenantable state of repair
terms of the agreement
terms of the covenant
usual case


By the plaintiff’s writ of summons, claim was made for £G100 general damages and £G794 special damages alleged to have been suffered by the plaintiff as the result of breaches by defendants of covenants contained in a tenancy agreement dated the 13th November, 1957, entered into between the parties.

By the statement of claim filed in support of the writ, it was alleged that by the agreement aforesaid the plaintiff as landlord let his property known as Ashgrove House to the defendants at the annual rent of £G480; that by clause 2(c) of the said agreement the defendants covenanted to keep all the internal parts of the dwelling-house and outhouses in tenantable order and sanitary condition (fair wear and tear excepted) during the tenancy; and by clause 2(h) the defendants further covenanted that at the end or sooner determination of the tenancy they would yield up the premises in good and tenantable repair, order and condition, together with certain articles set out in a…

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