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KARAM
V.
ASCHKAR

(1961) JELR 65873 (HC)

High Court 24 May 1961 Ghana
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- The plaintiff is claiming £G11,105 in damages for the defendant's alleged breach of the covenant for quiet enjoyment in a lease agreement. - The plaintiff claims the benefit of the covenant as an assignee under the original lease. - The d

Case Details

Judges:ADUMUA-BOSSMAN J.
Counsel:BANNERMAN FOR THE PLAINTIFF; I. AMOO-LAMPTEY FOR THE DEFENDANT.
Other Citations:[1961] GLR 258, [1961] 1 GLR 258 - 269, JELR 83705

ADUMUA-BOSSMAN, J.

By his writ of summons the plaintiff claims £G11,105 damages, as per particulars set out in his writ, against the defendant for the latter’s alleged breach of the covenant for quiet enjoyment contained in an indenture of lease dated the 7th May, 1949, made between the defendant as lessor of the one part, and one James Oppong of Accra as lessee of the other part. By the said lease one large store situate at the junction of Boundary Road and Derby Avenue, Accra, and numbered D.988/3, was demised by the defendant as lessor to the said James Oppong as lessee for the term of twelve years certain starting as from the 1st November, 1949, at the yearly rental of £G250 payable by equal quarterly instalments in advance of £G1,00 per quarter, commencing from the 1st November, 1949.

The statement of claim filed in support of the writ sets out and explains in paragraphs 1,2, and 3 thereof how the plaintiff comes to claim the benefit of a covenant contained in an instrument to whi…

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