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UNION TRADING CO. LTD.
V.
KARAM AND ANOTHER

(1975) JELR 64366 (HC)

High Court 30 Jan 1975 Ghana
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- The court held that mere acceptance of rent by the landlord after expiry of the sub-lease did not amount to renewal or create a new contractual tenancy; the first defendant became a statutory tenant under the Rent Act, 1963 (Act 220). - B

Case Details

Judges:ABBAN J.
Counsel:K. FRIMPONG-BOADU FOR THE PLAINTIFFS,H.V.A. FRANKLIN FOR THE DEFENDANTS.

JUDGMENT

ABBAN J.

The plaintiffs are claiming from the defendants the recovery of possession of a store numbered as D.825/4 Boundary Road (now Kojo Thompson Rd.), Knutsford Avenue, Accra. They are also claiming damages for breach of covenant and mesne profits of ¢150.00 a year from 1 December, 1969 up to the date on which possession will be delivered.

By a sub-lease dated 28 January 1961, the plaintiffs, as sub-lessors demised to the first defendant a store with a room attached for a term of five years and ten months, commencing on 28 January 1961, at a yearly rent of ¢150.00. There was an option to renew for a further term of ten years at the end of the first term. The case of the plaintiffs was that the first defendant at the expiration of the first term, did not give notice, written or otherwise, of his intention to exercise the option of renewal, consequently, several notice in writing were given to the first defendant to quit the premises. In those notices the plaintiffs’ informed t…

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