Said Othman V. Accra Perfumery Company, Limited (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Tenant at will made oral agreement for lease with defendants–Agreement terminated by mutual agreement—Lease granted to plaintiff on following day—Effect of Land Registration Ordinance (Cap. 112) as to priorities—Lease granted by lessors to plaintiff on day following—Termination of his agreement with defendants—Defendants, in possession, hold over—No notice from lessors to defendants to quit—Lessors not party to suit.

Facts

Sowah and Okunor were caretakers of property held on behalf of infants. Plaintiff was in occupation as a tenant at will. He made an oral agreement with the defendants for a lease of the premises. That agreement was terminated by mutual consent on the 31st March, 1942. On the let April, 1942, the lessors granted a lease of the premises to the plaintiff. The Indenture of lease was duly registered under the provisions of the Land Registration Ordinance (Cap. 112). The defendants remained in possession. The plaintiff requested them to quit. They refused to comply with the demand. Lessors not a party to the suit.

Held

Land Registration Ordinance does not affect competition between a registered instrument and an oral agreement.

Held further that in the absence of notice by the lessors to terminate their tenancy, the nature of the holding over by defendant was a matter between them and the lessors and that in absence of notice to quit defendants entitled to remain in possession.

The appeal is dismissed with costs assessed at £39 is.