Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CLARA MODU GRANT
V.
MAIDEN PHARMACY LIMITED

(2009) JELR 69831 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/196/07 ·  23 Apr 2009 ·  Ghana
CORAM
ASARE-KORANG J.A. [PRESIDING], AYEBI J.A., ADUAMA OSEI J.A.

Ratio Decidendi

Core Terms Beta
appellants
respondent
plaintiffs
trial court
defendant
renewal of the tenancy
tenancy
tenancy agreement
new contractual tenancy
writ of summons
judgment of the trial court
learned judge
managing director
abban j
rented premises
william abbey
monthly rent
postal address
present case
statutory tenants
arrears of rent
expiration of the first term
notice of appeal
protection of the rent act
statement of claim
10-year term
1st june
additional grounds
conclusive evidence
expiry of the 10-year term
failure of the plaintiffs
ground of appeal
high court
k n aduama osei
lawyer okai anderson’s house
notice of intention
notice of its desire
owners of premises
plaintiffs’ writ
question of waiver
record of appeal
recovery of possession of the said store room
respect of the said transaction
respondent’s continued occupation
said premises
strong case
view of the learned trial judge
weight of evidence
written notice of its desire

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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