George Mitchell V. Sheriff J. Charaff (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Contract—Claim for possession and mesne profits—Counterclaim Appeal from for specific performance of agreement—Construction of judgment of correspondence—Special defence under section 12 (1) of the arrt.’e Defence (Rent Assessment) Reps. 1941.

Facts

Plaintiff claimed to recoVer possession of premises and also tnesne profits. Defendant counterclaimed for specific performance of an alleged agreement constituted by correspondence between the parties for a lease of the premises. During the trial, the Court gave leave to amend the defence by adding a plea that the rental value of the premises had been assessed under the Defence Regulations 1041, to which the Plaintiff replied that the rent had been in arrear.

Judgment was given dismissing plaintiff’s claim and giving judgment for defendant on the counterclaiin for specific performance of the agreement.

Held

That (1) the Court below was wrong in holding that there was ever a concluded contract between the parties. (2) Section 12 (1 of the Defence Regulations 1941 did not bar the appellant from obtaining a judgment for the recovery of possession to which he was entitled, and that 3) tender or payment of arrears after judgment could not avail the defendant in his defence under these Regulations.

Judgment of Court below set aside and judgment substituted for appellant for recovery of possession and insane profits and dismissing the -counterclaim.