[2006]DLSC6436 • December 13, 2006 • Supreme Court •
P Y ATTA & SONS LTD. vs. KINGSMAN ENTERPRISES LTD.
The appellant, P Y Atta & Sons Ltd, held a 50-year lease from the Government of Ghana for land in Accra. In 1993, the appellant and respondent, Kingsman Enterprises Ltd, executed an agreement (Exhibit B) whereby the appellant purported to sublease a portion of the land to the respondent for the residue of the term. The respondent constructed buildings and paid rent as per the agreement. Disputes arose when the respondent sought to build an additional floor without the appellant's consent, leading to litigation over whether the agreement constituted a sublease or an assignment.
read moreATUGUBA, 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 P Y ATTA & 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 1...