THOME vs. BARCLAYS BANK (D.C.O.)

This is an application for a review of the decision of the ordinary bench of this court dated 7 May 1973 and reported in [1973] 2 G.L.R. 137, by virtue of section 3 (2) of the Courts (Amendment) Decree’ 1972 (N.R.C.D. 101), and it raises the fundamental question whether a tenant has an absolute right, in the absence of any prohibitory covenant to the contrary, to adapt or alter to any extent the premises demised by the landlord. The sub-lease between the parties in this particular case contained no express prohibitions as to user or alterations of the premises. On 27 November 1965, the plaintiff - respondent - applicant (hereinafter referred to as the applicant) filed a writ in the High Court, Accra, against the defendants - appellants - respondents (hereinafter referred to as the respondents) claiming possession of the premises on the first (top) floor of house No. D 762B/4, Kimberley Avenue, Accra. By an indenture of underlease made between the applicant and the respondents on 1.....