OGDE V. PEARL & DEAN (OVERSEAS) LTD

OLLENNU J.: [His lordship referred to the facts and continued:] The defence to the claim for rents is that the option was never exercised by the company and that it could only have been exercised by notice in writing given by them to the plaintiff three months before the expiration of the original term of one year, and since no such written notice was given, the defendant company are entitled to vacate the premises at any time.

The main issue in the case is whether the defendant company exercised the option given them in clause 4(2) of the agreement. The determination of that issue depends upon the combined effect of certain clauses of the agreement, exhibit B.

The agreement provided, inter alia, that the tenancy shall be ‘renewable and determinable” as hereinafter provided. There is only one clause dealing with renewal and only one clause dealing with determination. Clause 2, sub-clause (5), which deals with determination is as follows:

“2. The Tenant agrees with the Landlord as follows…