APALOO J.S.C.: In order to appreciate the legal argument which was addressed to us on this appeal, it is necessary to state the facts which were found by the learned trial judge and which, as I understand it, are not in issue on this appeal.
The plaintiff is the owner of house No. 152/7, Kokomlemle, Accra. The evidence shows that the house is a storey building containing two self-contained flats and an outhouse. The plaintiff let the whole of the premises to a Mr. Quaidoo prior to October 1959. In October 1959, Mr. Quaidoo sublet the ground floor flat to the second defendant. It would seem that about that time, he also sublet the outhouse to one Adjei; accordingly, Mr. Quaidoo himself occupied the top floor. The evidence shows that this subletting was known to the plaintiff or at least her husband Mr. B. A. Darko who acted at all times as her agent. The plaintiff at no time made any issue of that and it is reasonable to conclude that there was no agreement by Quaidoo not to sublet.
It …