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(1970) JELR 64958 (HC)

High Court  •  31 Jul 1970  •  Ghana




The plaintiff in this case claims from the defendant: (a) the sum of N¢200.00 being arrears of rent as from 11 June to 1 October 1969, together with mesne profits; (b) general damages for breach of covenant; and (c) an order for ejectment.

The undisputed facts in this case are as follows: By a lease dated 2 October 1961, the plaintiff demised to the defendant premises known as House No. D676/4, Jones Road, Accra. The lease excluded one room and a porch on the ground floor of the said house which prior to the lease of 2 October 1961, the plaintiff had already demised to Messrs. Emil J. Chahin and Khalil-Rokos Hage. The defendant covenanted, inter alia, to pay “every month during the said term a rent of £G20, i.e. N¢40.00 in advance on the first day of each month.” There was a provision for re-entry in case the lessee failed to perform and to observe the covenants in the said lease.

There are two clauses in the said lease which are very relevant to this action, namely, clauses 4 (…

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