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INTERPLAST LTD. V. BONSU

(1978) JELR 69252 (CA)

Court of Appeal  •  10 Jul 1978  •  Ghana

Coram
APALOO C.J.,KINGSLEY-NYINAH JA,FRANCOIS J.A.

Judgement
<p>APALOO C.J.: The respondent is the owner of business premises situate in Accra. On 1 July 1975, he, by deed, demised part of the premises to the appellant-company (which I will hereafter call the company) for a term of five years certain with an option for renewal. The subject of the demise was described as a “four door store” in house No. C.89/2, Liberty Avenue, Adabraka. The lease reserved a “yearly rent of ¢1,440” payable quarterly in advance in the sum of ¢360.</p><p>The lease then contained the usual covenants which it is not necessary to quote except clause 4 (a), that being the clause which was admittedly breached to give rise to this action. That clause is couched in familiar language and is as follows:</p><p><em>“Provided always and it is hereby agreed and declared: (a) That if the rent hereby reserved or any part thereof shall remain unpaid for 30 days after becoming due for payment and shall have been demanded by the landlord in writing or if the tenant shall fail to comply with any of the c…</em></p>

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