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P Y ATTA & SONS LTD. V. KINGSMAN ENTERPRISES LTD.

(2006) JELR 68376 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/4/2006  •  13 Dec 2006  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING) BROBBEY J.S.C., DR TWUM J.S.C., MRS. ADINYIRA J.S.C., ASIAMAH J.S.C.

Judgement

ATUGUBA, J.S.C.

The appellant held a lease from the government of Ghana in a plot of land at the Ring Road South Industrial Area, Accra for a term of 50 years as from 11 May 1972. The appellant put up buildings thereon and carried its business therein. In 1993 pursuant to the request of the respondent for a lease of a portion of the land on which to construct stores for its business the parties executed exhibit B. I set it out in full as follows:

"THIS INDENTURE made the 18th day of November in the year of our lord one thousand nine hundred and ninety-three (1993) BETWEEN PY ATTA and SONS LIMITED, a company incorporated under the laws of Ghana and having its registered office at B 37/1, Graphic Road, South Industrial Area, Accra (hereinafter called the 'Sublessor' which expression shall where the context so requires or admits includes its successors and assigns) of the one part and KINGSMAN ENTERPRISE LIMITED acting through its Managing Director, KINGSLEY AGYEMAN of Post Office Box 1538…

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