KINGSLEY-NYINAH J.A.: Before the commencement of this litigation, the respondent to this present petition had been a tenant of many years standing, occupying a defined part of house No. D.786/4, Granville Avenue, Accra, whose devisee-landlords were the plaintiff-appellant and his other brothers.
The accommodation occupied and enjoyed by the defendant- respondent was subject to an original tenancy agreement which was to run for the determinate term of “fifteen years with effect from 28 November 1949 with a further five-year option at an agreed rent.” In or about 1964, the respondent was granted a renewal of his tenancy for a further period of five years which ran out towards the latter part of 1970.
Although the tenancy under discussion covered two differing sets of accommodation (both within the same premises, i.e. house No. D.786/4, Granville Avenue, Accra), a residential apartment on the first floor, and a commercial one, on the ground, the respondent offered and paid his rent regular…