J. B. AKAMBA, J.A.
This appeal lies against the judgment of Mrs. Inkumsah-Abban, J. sitting at the Accra High Court on 24th January 2001.
The facts of the case as gleaned from the record of appeal are that both the Defendant/Appellant (hereinafter simply referred as the Defendant) and the Plaintiff/Respondent (hereinafter simply referred as the Plaintiff) are companies incorporated in Ghana with their respective principal places of business in Accra. The defendant owns an industrial premise at North Kaneshie Industrial Area known as Dizengoff Warehouse No 1, Accra. The plaintiff who is a manufacturer and importer of coumba spices occupies part of the defendant's aforesaid Dizengoff Warehouse No. 1 Accra, as a tenant of another company by the name Ovum Service Ltd. (hereinafter simply referred as Ovum Services).
It is apparent that in 1989 there was an agreement between the defendant and the aforementioned Ovum Services for the former to sell the premise to the latter subject to certain c…