LARYEA MARTEYE V. LA VIVVA LTD

 J U D G M E N T 

At the application for directions stage the following issues were set down for determination. 

i) Whether or not the Defendants have breached their usual covenants and condition  binding on them to pay rent, rates and taxes imposed on the property in the lease dated  6th January 1996. 

ii) Whether or not a covenant entitling the lessor to re-enter is an implied/usual covenant  for non-payment of rent. 

iii) Whether or not the Defendants have effectively and voluntarily abandoned the subject land. 

iv) Any other relevant issues arising from in the pleadings. 

It is salient to note that the 2nd Defendant was disjoined from the suit for which reason he did not  partake in the trial as a party. 

The case of the Plaintiff as captured by his Statement of Claim is that he is the successor in title  and head of the Martey Tsuru Family of North Teshie, Accra and sues on behalf of or as  representing the said family.

And that the 1st Defendant is a Limited Liability Company incorpor…