Ratio Decidendi


PY ATTAH & SONS LTD v KINGSMAN ENTERPRISES LTD

JELR 80662 (CA)    
Court of Appeal  ·  Ghana
 · 
Other Citations
[2003-2005] 2 GLR 90 - 98
CORAM
AKOTO-BAMFO, ASARE KORANG AND OSEI JJA

Ratio Decidendi

Core Terms Beta
defendant
assignment
plaintiff
trial judge
agreement
counsel
learned trial judge
carreras
case
first floor building
ground floor building
portion of the land
said agreement
appeal
operation of law
proper construction
storey building
assignment of the residue of the term
central issue
common intention of the plaintiff
defendant-respondent
end of the trial
exemplary damages
first judgment
following counterclaim
following grounds
grant of a sublease
ground floor
judgment of the high court
learned trial judge's statement
longer term
main grounds of appeal
new building
notice of appeal
order of perpetual injunction
plaintiff-appellant
plaintiff claims
plaintiff of its leasehold interest
prior consent
proper construction of the document
rectification of the said agreement
respect of exhibit b
said portion of the land
toilet facilities
trial
true character of a sublease
whole estate
years of his unexpired term purports

OSEI JA.

(delivered the first judgment at the invitation of Akoto-Bamfo JA.)

This is an appeal brought by the plaintiff-appellant  (hereinafter referred to as the plaintiff) against the judgment of the High Court, Accra dated 15 April 2008.

In his writ of summons, the plaintiff claims against the defendant-respondent (hereinafter referred to as the defendant) as follows:

"(i) A declaration that upon its true and proper construction, the agreement dated 18 November 1993 made between the plaintiff as sublessor of the one part and the defendant as sublessee of the other part whereby the plaintiff granted to the defendant a portion of the land comprised in the headlease dated 11 May 1972, made between the Government of Ghana as lessor of the one part and the plaintiff as lessee of the other part constitutes a sublease and not an assignment by the plaintiff of its leasehold interest in the said portion of the land to the defendant.
(ii) Rectification of the said agreement by addition to the…
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