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QUARTEY
V.
ENTERTAINMENT & TOURIST DEVELOPMENT CO. LTD. AND OTHERS

(1989) JELR 64365 (HC)

High Court 24 Nov 1989 Ghana
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- The plaintiff leased a piece of land with buildings to the fourth defendant in 1983. - The lease agreement included a provision that the fourth defendant could not sublet, mortgage, or assign the property without the written consent of th

Case Details

Judges:BROBBEY J.
Counsel:T. A. NELSON COFIE FOR THE PLAINTIFF; AGYARE KOI LARBI FOR THE FIRST DEFENDANT., S. TAY FOR THE SECOND DEFENDANT., S. F. GOODHEAD FOR THE FOURTH DEFENDANT.

BROBBEY J.: The plaintiff is the owner of a piece of land with completed buildings thereon situated at Osu. In 1974 she leased it to Omar Badu Safadi (hereinafter referred to as the fourth defendant). In 1983 the parties replaced that lease with another one which was tendered as exhibit B. By the terms of exhibit B the plaintiff in fact leased the land with completed buildings thereon for fifteen years with an option of renewal. Exhibit B further contained the following provision in clause 2 (e):

“Not to sublet, mortgage or assign his interest in the premises without the written consent of the lessor (such consent not to be unreasonably withheld) and any such sublesee, or mortgagee or assignee becoming responsible for all the obligations of this lease jointly and severally with the lessor.”

In compliance with this provision, the plaintiff granted as per exhibit C permission to the fourth defendant to sublet the premises to the third defendant, S. K. Manu Akuamoah, the proprietor of the …

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