Royal Investment Companu Vrs Quarcoopome and Another [2021] GHASC 104 (1 December 2021)

Royal Investment Companu Vrs Quarcoopome and Another [2021] GHASC 104 (1 December 2021)

Sections 29 and 30 of NRCD 175 do not apply to leases that have expired by effluxion of time; relief against forfeiture is only available for breaches during the subsistence of a lease, not for failure to exercise an option to renew. Failure to give notice to renew is not a breach of condition, and the lessor is not required to notify or grant relief under the statute.

Citation
[2021] GHASC 104
Parties
Plaintiff/respondent: Royal Investment Company; Defendant/applicant/appellant: Madam Ruth Quarcoopome; Defendant/applicant/appellant: Madam Anna O. Quarcoopome
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
1 December 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Lease Renewal, Forfeiture, Relief Against Forfeiture, Statutory Tenancy, Interpretation of Statutes
Source Language
English
Property Law Contract Law Equity Lease Renewal Forfeiture Relief Against Forfeiture Statutory Tenancy Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2
Sign in to unlock

Parties

Royal Investment Company

Plaintiff/respondent

Madam Ruth Quarcoopome

Defendant/applicant/appellant

Madam Anna O. Quarcoopome

Defendant/applicant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether sections 29 and 30 of the Conveyancing Act (NRCD 175) apply to a lease that has expired by effluxion of time and not by forfeiture
  2. 2 Whether failure to exercise an option to renew a lease constitutes a breach of condition triggering the need for notice and relief under NRCD 175

Ratio Decidendi

Sections 29 and 30 of NRCD 175 do not apply to leases that have expired by effluxion of time; relief against forfeiture is only available for breaches during the subsistence of a lease, not for failure to exercise an option to renew. Failure to give notice to renew is not a breach of condition, and the lessor is not required to notify or grant relief under the statute.

Court Disposition

appeal allowed

Orders

  • Court of Appeal's reasoning applying sections 29 and 30 of NRCD 175 to expired leases set aside
  • No relief against forfeiture available to respondent