[1978]DLCA1146 • July 10, 1978 • Court of Appeal
INTERPLAST LTD. vs. BONSU
The respondent, owner of business premises in Accra, leased part of the premises to the appellant company for five years with an option to renew. The lease required quarterly rent payments of ¢360. The company failed to pay rent for six quarters ending December 1976. Despite a written demand, the company delayed payment due to administrative oversight but later tendered full payment including future rent, which the respondent refused, opting instead to exercise a right of reentry and terminate the lease.
read moreJUDGMENT OF APALOO C.J. The respondent is the owner of business premises situate in Accra. On 1 July 1975, he, by deed, demised part of the premises to the appellant-company (which I will hereafter call the company) for a term of five years certain with an option for renewal. The subject of the demise was described as a “four door store” in house No. C.89/2, Liberty Avenue, Adabraka. The lease reserved a “yearly rent of ¢1,440” payable quarterly in advance in the sum of ¢360. The lease then contained the usual covenants which it is not necessary to quote except clause 4 (a), that being the clause which was admittedly breached to give rise to this action. That clause is couched in familiar language and is as follows: “Provided always and it is hereby agreed and declared: (a) That if the rent hereby reserved or any part thereof shall remain unpaid for 30 days after becoming due for payment and shall have been demanded by the landlord in writing or if the tenant shall...