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ZAGLOUL REAL ESTATES LTD
V.
BRITISH AIRWAYS LTD

(1998) JELR 109707 (SC)

Supreme Court 1 Mar 1998 Ghana
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- The Supreme Court held that the lease and associated indemnity between the parties were void for illegality, as they contravened the mandatory requirements of the External Companies and Diplomatic Missions (Acquisition or Rental of Immova

Case Details

Judges:BAMFORD-ADDO, JSC CHARLES HAYFRON-BENJAMIJN, JSC AMPIAH,JSC ACQUAH,JSC ATUGUBA, JSC
Counsel:Peter Ala Adjetey (with him William Addo) for the appellants. Aduama Osei (led by J Quarshie-Idun, with him Mrs Amegatcher) for the respondents.

JUDGEMENT

Bamford-Addo JSC: I have had the privilege of reading in advance the comprehensive judgement of my brother Acquah JSC which sets out the full facts of this case. I agree with him and my reasons are as follows: The plaintiff-appellants (hereinafter called the plaintiffs) took action at the High Court against the defendant- respondents (hereinafter called the defendants). The plaintiffs’ claim indorsed on their amended writ of summons was for:  

 “(a) A declaration that under the provisions of the External Companies and Diplomatic Mission (Acquisition or Rental of Immovable Property) Law 1986 (PNDCL 150) the defendants are under a statutory obligation to pay the rent reserved under the lease executed between the plaintiffs and defendants and dated 14 October 1986, or as determined or varied by the Implementation Committee under PNDCL 150, in convertible currency through the Secretary, now the Minister, for Foreign Affairs by cheque drawn in favour of the Bank of Ghana to the cre…

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