P.Y. Attah & Sons Ltd Vrs Kingsman Enterprise Ltd [2005] GHACA 25 (25 February 2005)
The agreement dated 18th November 1993 conveyed the entire unexpired term of the lease, and thus, by operation of law, constituted an assignment and not a sub-lease, regardless of the parties' expressed intentions.
- Citation
- [2005] GHACA 25
- Parties
- Plaintiff/appellant: P. Y. Attah & Sons Ltd.; Defendant/respondent: Kingsman Enterprise Ltd.
- Court
- Court of Appeal
- Jurisdiction
- Ghana
- Judgment Date
- 25 February 2005
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed, judgment of High Court affirmed
- Legal Topics
- Leases, Sub Leases, Assignments, Rectification of Instruments, Breach of Covenant
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
P. Y. Attah & Sons Ltd.
Plaintiff/appellant
Kingsman Enterprise Ltd.
Defendant/respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the agreement dated 18th November 1993 constituted a sub-lease or an assignment
- 2 Whether the agreement should be rectified to reflect the parties' intentions
- 3 Whether the defendant lawfully constructed the first floor structure
Ratio Decidendi
The agreement dated 18th November 1993 conveyed the entire unexpired term of the lease, and thus, by operation of law, constituted an assignment and not a sub-lease, regardless of the parties' expressed intentions.
Court Disposition
appeal dismissed, judgment of High Court affirmed
Orders
- Plaintiff's appeal dismissed
- Judgment for defendant/respondent on counterclaim
Full Case Text
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