JIAGGE J.A.: This appeal is from a judgment given in favour of the plaintiff-respondent herein, by the High Court, Accra. The plaintiff’s claim was for possession of premises on the first floor of house No. D 762B/4 Kimberley Avenue, Accra, demised to the defendants on 16 September 1952 for a term of twenty years with an option for a further term of twenty years at the yearly rent of £2,415 for the first ten years payable every six months in advance, and £1,920 a year for the remaining ten years and any subsequent renewal thereof, also, payable every six months in advance. The plaintiff claimed that in breach of the covenant in the lease “To keep the interior of the demised premises and the doors, windows, fittings and landlord’s fixtures in good and tenantable repair and condition and to whitewash and paint or cause to be whitewashed and painted such internal parts that are usually whitewashed and painted,” the defendants extensively altered the entire structure of the interior of th…
BARCLAYS BANK (D.C.O.)
V.
THOME
(1973) JELR 69160 (CA)
Court of Appeal 7 May 1973 Ghana
Case
Key Passages 3
Citing Cases 5
BriefBot Summary
- Appeal allowed; lessee's internal alterations did not constitute breach of the covenant to repair where the lease contained no express restriction on alterations or user, and alterations did not affect the main structure of the premises.
Case Details
Judges:JIAGGE JA,ARCHER JA,ANNAN J.A.
Counsel:J. B. QUASHIE-IDUN FOR THE APPELLANTS; DR. EKOW DANIELS FOR THE RESPONDENT.
Other Citations:[1973] 2 GLR 137
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