Annag Vrs Emoho Trading Gh. Ltd [2019] GHASC 84 (20 November 2019)

Annag Vrs Emoho Trading Gh. Ltd [2019] GHASC 84 (20 November 2019)

Failure by the defendants to plead non-compliance with section 29 of the Conveyancing Act at trial constituted a waiver of the right to object; the sub-lease granted without written consent was in breach of the head lease, entitling the plaintiff to recover possession and set aside the sub-lease.

Citation
[2019] GHASC 84
Parties
Plaintiff/respondent/appellant: Victoria Annang (Executrix of the late Ebenezer Quarshie Annang); Defendant/appellant/respondent: Emoho Trading Gh. Ltd; Defendant/appellant/respondent: Ramesh Punjab; Defendant/appellant/respondent: Sham Punjab; Defendant/appellant/respondent: Mahesh Jaysinghani; Defendant/appellant/respondent: Frederick Anim-Addo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 November 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Breach of Lease Covenant, Forfeiture and Re Entry, Notice Requirements, Sub Leasing Without Consent
Source Language
English
Property Law Land Law Breach of Lease Covenant Forfeiture and Re Entry Notice Requirements Sub Leasing Without Consent

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Parties

Victoria Annang (Executrix of the late Ebenezer Quarshie Annang)

Plaintiff/respondent/appellant

Emoho Trading Gh. Ltd

Defendant/appellant/respondent

Ramesh Punjab

Defendant/appellant/respondent

Sham Punjab

Defendant/appellant/respondent

Mahesh Jaysinghani

Defendant/appellant/respondent

Frederick Anim-Addo

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Legal effect of non-compliance with section 29 of the Conveyancing Act, 1973, NRCD 175 regarding re-entry and forfeiture of a lease upon breach of covenant
  2. 2 Whether the sub-lease granted without written consent is void or voidable
  3. 3 Whether failure to plead non-compliance with notice requirements waives the right to object

Ratio Decidendi

Failure by the defendants to plead non-compliance with section 29 of the Conveyancing Act at trial constituted a waiver of the right to object; the sub-lease granted without written consent was in breach of the head lease, entitling the plaintiff to recover possession and set aside the sub-lease.

Court Disposition

appeal allowed

Orders

  • Decision of the Court of Appeal reversed and its orders set aside.
  • Plaintiff to recover possession of the demised premises situate at Osu, the subject of the head-lease registered as No. 939/1968.