VICTORIA ANNANG (EXECUTRIX OF THE LATEEBENEZER QUARSHIE ANNANG (PLAINTIFF/RESPONDENT/APPELLANT) vs. EMOHO TRADING GH. LTD, RAMESH PUNJAB, SHAM PUNJAB, MAHESH JAYSINGHANI AND FREDERICK ANIM- ADDO (DEFENDANTS/APPELLANT/RESPONDENTS)

THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY MARFUL-SAU JSC, AS FOLLOWS-: This appeal invites this Court to determine a fundamental issue, which is the legal effect of non- compliance of section 29 of the Conveyancing Act, 1973, NRCD 152, dealing with re- entry and forfeiture of a lease upon breach of a covenant. The brief facts of the case are that, the father of the Plaintiff/ Respondent/Appellant, herein referred to simply as Plaintiff, the late Ebenezer Quarshie Annang, granted a fifty (50) years lease in 1968 to one Shahin Elias Shahin. This lease was registered as No. 939/ 1968, and was tendered at the trial as ‘’Exhibit C’’. In 1970, the 1968 lease was varied with a provision that the lease will be subject to renewal for another twenty-five (25) years. The Deed of Variation was registered as No.419/1970. Then around the same year Shahin Elias Shahin assigned his interest in the leased property to one Joseph Anim- Addo through a sub- lease. The Plaintiff’s case simpl...