Ratio DecidendiRatio Decidendi



SAVAGE
V.
GHANA INDUSTRIAL HOLDING CORPORATION

(1973) JELR 69698 (HC)    
High Court  ·  19 Apr 1973 ·  Ghana
 · 
Other Citations
[1973] 2 GLR 242
CORAM
EDUSEI J.

Ratio Decidendi

Core Terms Beta
defendants
lease
plaintiff
notice
evidence
exhibit c
months
rents
dr. agyekumhene
exhibit
eight-door stores
exhibit e
months’ rents
windsor hotel
months’ notice
months’ rent
mr. ackom-mensah
year’s rent
fixed period
general manager
keys of the premises
keys of the stores
plaintiff’s first witness
tenancy agreement
agreed term of exhibit a
conditions of exhibit a
consequence of their breach of exhibit a
cross-examination
evidence mr. owusu
exhibit f
expiration of any such notice
first floor
general damages
ground floor rooms
head office
last paragraph of that letter
meat products
only reasonable inference
original defence
owner of premises
owusu antwi
possession of the rooms
real reasons
refusal of the defendants
rental of a part of the windsor hotel
said rooms
unexpired term of the lease
western region of the republic of ghana
whole period of the stipulated period
writing of such desire

EDUSEI J.

The plaintiff is the owner of premises situate on Liberation Avenue, Takoradi, and popularly known as the “Windsor Hotel.” Some time in 1969 the defendants came to the plaintiff at Takoradi to negotiate for the rental of a part of the Windsor Hotel. The negotiations concerned the ground floor rooms consisting of eight-door stores and a flat on the first floor.

A lease was subsequently executed and this is exhibit A. Rents for six months were paid to the plaintiff, and when the next six months’ rent became due the plaintiff made a demand for it but was put off with various excuses. It must be stated that it was an agreed term of exhibit A that rent was payable quarterly in advance.

However, by exhibit E dated 17 April 1970, the defendants terminated the lease, exhibit A, on the ground that the then general manager of the Meat Products Division of GIHOC had no authority to execute exhibit A. The plaintiff through his solicitor sent a reply to the defendants pointing out the cons…

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