Heshem Noshie V. J. B. Amarteifio (1947)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for arrears of rent—Emergency Legislation—Gold Coast Defence (Rent Restriction) Regulations, 1943—” Standard Rent “—Jurisdiction of Rent Assessment Committee in the case of a contractual tenancy.

Facts

On the application of the respondent, who was the owner of certain premises in Accra, the Rent Assessment Committee fixed the rent thereof as from 1st August, 1945, at £180 per year, in lieu of the annual rent of £36 fixed by the lease to the appellant which granted him a term of ten years from 1st October, 1939. The appellant refused to pay the increased rent and the respondent sued him for the arrears.

The trial Judge, overruling the contention of the appellant, held that the Rent Assessment Committee had jurisdiction to fix the rent although this meant an alteration in the rent fixed by the then unexpired lease, and that, as, by virtue of the regulations, no appeal lay from the Committee’s decision, the respondent was entitled to rent as claimed by him.

On appeal, the appellant contended (i) that the trial Judge wrongly treated the defence as an appeal from the decision of the Committee, (ii) that the decision was valid, but could only operate as from the expiry of the lease, because the Committee could not interfere with the terms of the contract between the parties, in view of the terms of regulation 7 (1) (a).

Held

That the Committee had power to alter a rent fixed by a lease then current.
Appeal from the Supreme Court of the Gold Coast.

Appeal dismissed.