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INTERCITY HOTELS
V.
GRACEFIELD MERCHANT GHANA LTD

(2011) JELR 85681 (CA)

Court of Appeal 12 May 2011 Ghana
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Case Details

Suit Number:H1/204/2010
Judges:ABBAN, JA, MARFUL-SAU, JA, AYEBI, JA
Counsel:MR. SHADRACK ARHIN FOR RESPONDENT/APPLICANT. MR. KIZITO BEYUO FOR APPLICANT/RESPONDENT
Location:Accra
Other Citations:[2010-12] 2 GLR 168-185

JUDGMENT

Ayebi JA.

This is an appeal against the ruling of an Accra High Court which on 19 March 2010 set aside the arbitration award made by Nene Amegatcher delivered on 3 September 2009.

The respondent-appellant (hereinafter called the appellant) is the landlord-owner of the popular Accra Mall. The applicant-respondent (hereinafter called the respondent) is a tenant of four (4) shops within the mall as evidenced by identical lease agreements in respect of each shop.

By clause 6.4 of the lease agreement, the landlord (the appellant) has the right to make or vary the house regulations and tenants undertake to comply with the said regulations. By the house regulations or rules, the landlord stipulates rules and regulations on the use of the mall from time to time. These rules which were incorporated into the lease agreement and referred to as Annexure B, were to be in existence as at the signature date of the lease agreements.

But at the execution of the lease agreements in respect of the …

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