SAVAGE vs. GHANA INDUSTRIAL HOLDING CORPORATION [1973]DLHC2203

Date	1973-04-19
Suit No.
Citation No.	[1973]DLHC2203

EDUSEI J.

T. A. MENSAH WITH HIM SEKYI-HUGHES FOR THE PLAINTIFF.

E. V. A. ADJETEY FOR THE DEFENDANTS.

[1973]DLHC2203
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													<main id="main" class="content" style="min-height: 60rem" >SAVAGE <o:p></o:p>vs. <o:p></o:p>GHANA INDUSTRIAL HOLDING CORPORATION <o:p></o:p>[HIGH COURT,
SEKONDI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
2 GLR 242<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
19 APRIL 1973.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

T. A. MENSAH WITH HIM SEKYI-HUGHES FOR THE
PLAINTIFF.<o:p></o:p>

E. V. A. ADJETEY FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

EDUSEI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF EDUSEI J.<o:p></o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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.<o:p></o:p><o:p>&nbsp;</o:p>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 defendants pointing out the consequence of their
breach of exhibit A if they persisted. The reply is exhibit F dated 8 May 1970.
The refusal of the defendants to abide by the terms and conditions of exhibit A
provoked this action.<o:p></o:p><o:p>&nbsp;</o:p>The original
defence put up by the defendants was that the then general manager, Dr.
Agyekumhene, had no authority to execute exhibit A. This defence was in line
with what was stated in exhibit E, the letter of termination. However, by an
amended statement of defence, the defendants averred that it was rather the
plaintiff who breached the tenancy agreement by his failure to hand over the
keys of the stores to them. The issue as I see it, therefore, is whether or not
possession of the rooms mentioned in the lease, exhibit A, was given to the
defendants. It is the case for the plaintiff that possession was given whereas
the defendants deny ever taking possession because the keys to the rooms were
not handed over to them. The evidence from the plaintiff is that on signing
exhibit A at Takoradi he handed over the keys to Owusu Antwi, the then area
manager, and Otto, the German engineer, both of GIHOC. The plaintiff in proof
of having given the keys to the defendants through their representatives
further stated that the defendants subsequently gave him a plan and one of the
keys to the eight-door stores on the ground floor of the Windsor Hotel to
enable him to open the place for prospective contractors to inspect it. The
plan, exhibit C, shows the alterations to be carried out on the ground floor to
meet their requirements for the preservation and sale of meat and meat
products. Exhibit C was prepared by Otto on behalf of the defendants. The one
key allegedly given to the plaintiff is exhibit B.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff’s first witness, Dr. Agyekumhene, the general manager of the Meat
Products Division of GIHOC, at the material time, also testified that it was
upon the recommendations of Messrs. Owusu Antwi and Otto that the Meat Products
Division of GIHOC rented the said rooms in Windsor Hotel. He further said that
he then asked the two gentlemen mentioned to prepare engineering drawings for
the meat shop and this was done. Exhibit C was the outcome. Again he said:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“It never
came to my knowledge that the plaintiff refused to hand over the keys of the
stores to the defendants because the defendants had declined to pay a year’s
rent. As the general manager, it would have been reported to me if the
plaintiff had refused to hand over the keys of the premises to the defend</main>