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P Y ATTA & SONS LTD.
V.
KINGSMAN ENTERPRISES LTD.

(2006) JELR 68376 (SC)

Supreme Court 13 Dec 2006 Ghana
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- The Supreme Court of Ghana held that the document in question, while containing language suggestive of an assignment, was executed under mutual mistake and did not reflect the parties’ true intention to effect a sublease, not an assignmen

Case Details

Suit Number:CIVIL APPEAL NO. J4/4/2006
Judges:ATUGUBA J.S.C. (PRESIDING) BROBBEY J.S.C., DR TWUM J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.
Counsel:PETER ZWENNES FOR THE APPELLANT; KWAME GYAN FOR THE RESPONDENT.
Other Citations:(2016) JELR 80492 (SC)

ATUGUBA, J.S.C.

The appellant held a lease from the government of Ghana in a plot of land at the Ring Road South Industrial Area, Accra for a term of 50 years as from 11 May 1972. The appellant put up buildings thereon and carried its business therein. In 1993 pursuant to the request of the respondent for a lease of a portion of the land on which to construct stores for its business the parties executed exhibit B. I set it out in full as follows:

"THIS INDENTURE made the 18th day of November in the year of our lord one thousand nine hundred and ninety-three (1993) BETWEEN PY ATTA and SONS LIMITED, a company incorporated under the laws of Ghana and having its registered office at B 37/1, Graphic Road, South Industrial Area, Accra (hereinafter called the 'Sublessor' which expression shall where the context so requires or admits includes its successors and assigns) of the one part and KINGSMAN ENTERPRISE LIMITED acting through its Managing Director, KINGSLEY AGYEMAN of Post Office Box 1538…

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