[1973]DLHC2203 • April 19, 1973 • High Court
SAVAGE vs. GHANA INDUSTRIAL HOLDING CORPORATION
The plaintiff, owner of the Windsor Hotel in Takoradi, leased part of the premises (eight-door stores on the ground floor and a flat on the first floor) to the defendants, Ghana Industrial Holding Corporation (GIHOC), in 1969. Rent was paid for six months, but when the next payment was due, the defendants refused, alleging the lease was invalid due to lack of authority of the signatory and later claiming the plaintiff failed to hand over possession (keys) of the premises. The plaintiff contended possession was given and the defendants breached the lease by terminating it prematurely.
read moreJUDGMENT OF EDUSEI J. The plaintiff is the owner of premises situate on Liberation Avenue, Takoradi, and popularly known as the “Windsor Hotel.” Some time in 1969 the defendants came to the plaintiff at Takoradi to negotiate for the rental of a part of the Windsor Hotel. The negotiations concerned the ground floor rooms consisting of eight-door stores and a flat on the first floor. A lease was subsequently executed and this is exhibit A. Rents for six months were paid to the plaintiff, and when the next six months’ rent became due the plaintiff made a demand for it but was put off with various excuses. It must be stated that it was an agreed term of exhibit A that rent was payable quarterly in advance. However, by exhibit E dated 17 April 1970, the defendants terminated the lease, exhibit A, on the ground that the then general manager of the Meat Products Division of GIHOC had no authority to execute exhibit A. The plaintiff through his solicitor sent a reply to the defend...