DARKO vs. BAISIE AND ANOTHER

The plaintiff, owner of House No. 152/7, Kokomlemle, Accra, had originally let the whole premises to one P. K. K. Quaidoo, who sublet the ground-floor flat to the second defendant and the outhouse to one Adjei, with the landlord’s knowledge. After Quaidoo vacated, the first defendant was accepted by the plaintiff as head tenant of the whole premises from March 1960, largely as a matter of convenience, although the second defendant and Adjei remained in exclusive occupation of their respective portions as subtenants. In February 1961, the first defendant, having been allocated a government bungalow, gave notice to quit and at the end of March 1961 delivered up possession of the top floor and the keys to the plaintiff’s husband and agent. The plaintiff nevertheless sued, contending that as head tenant of the whole premises the first defendant was obliged to deliver vacant possession of the whole property and was liable for rent while the subtenants remained in occupation. Portion of judgment: “The plaintiff is the owner of house No. 152/7, Kokomlemle, Accra… The first defendant said, that as he was hard pressed for accommodation, he had no alternative but to agree. He thus became the head tenant of the whole premises from March 1960… In February 1961, the first defendant was allocated a government bungalow. He therefore gave the plaintiff notice of his intention to quit at the end of March.”