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CLARA MODU GRANT
V.
MAIDEN PHARMACY LIMITED

(2009) JELR 69831 (CA)

Court of Appeal 23 Apr 2009 Ghana
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- The Court of Appeal held that acceptance of rent after expiry of a tenancy and failure to exercise an option to renew does not, without more, amount to waiver of the landlord's right to possession or create a new contractual tenancy; uneq

Case Details

Suit Number:CIVIL APPEAL NO. H1/196/07
Judges:ASARE-KORANG J.A. [PRESIDING], AYEBI J.A., ADUAMA OSEI J.A.

ADUAMA OSEI J.A.

The Plaintiffs/Appellants are the owners of premises at Okaishie known as House No. 877/4, Station Street, Okaishie, Accra.

Sometime in 1980, the Plaintiffs/Appellants let out a one-door store-room on the said premises to the Defendant/Respondent for use as a pharmacy shop. No document was executed in respect of the said transaction, but on 1st June, 1991, a tenancy agreement was executed between the parties which set out their respective rights and obligations. The agreement gave the Defendant/Respondent a 10-year term with an option to renew it for a further 10 years. Under paragraph 5(3) of the agreement, if the Defendant/Respondent was desirious of having the lease renewed, it was obliged to give written notice of its desire for renewal to the Plaintiffs/Appellants three months before the expiry of the 10-year term.

The Plaintiffs/Appellants say in their Statement of Claim that the Defendant/Respondent did not give any written notice of its desire to have the tenancy…

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