Cole V. Jead (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Validity of lease—Authority to execute lease by Deed—Holding out as agent—Lease for term of less than three years need not be under seal—Notice to quit.

Facts

The plaintiff had held out his son Dan Cole as his agent and Manager of his property in Accra. Dan Cole granted a lease of property to the defendant. -lt was held in the Court below that the lease was invalid as the plaintiff’s son had no authority to execute a lease by Deed either under the Power of Attorney or as having being held out as his father’s agent.

Held

Lease valid as it was for a term of less than three years and could be made in writing and not under seal.

Held further : Defendant, having been allowed to enter and having paid all rent up to the date of the writ, was a yearly tenant and could not be ejected without notice to quit.

Judgment of Court below reversed and plaintiff’s action dismissed.

The cross-appeal is dismissed with costs assessed at £5 Ss