MONTA V. PATERSON SIMONS (GHANA) LIMITED

AMUA-SEKYI J.

The original plaintiff, Joseph Monta, was the sub-lessee of plot Nos. 3, 4, 24 and 25, Amakom Abrotia New Layout, Kumasi, for a term of 45 years commencing from 1 January, 1940. Having developed the plots, he in turn, on 14 December 1960, granted a sub-lease to the defendants, Paterson Simons (West Africa) Ltd., a company incorporated in the United Kingdom and now Paterson Simons (Ghana) Ltd., for a term of fifteen years from 1 December 1960, at a rent of 5,100 pounds per annum. A proviso gave the defendants the right to determine the sub-lease at the end of the first ten years of the term upon giving not less than six months’ written notice. On 14 May, 1970 the defendants informed the plaintiff by letter that they intended to determine the sub-lease from 1 December 1970 and gave notice to other firms to which they had sub-let parts of the premises. All the sub-tenants, except one J. K. Agbemabiase, gave up possession to the plaintiff. The cost of effecting repairs to the…