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V.
DIVESTITURE IMPLEMENTATION COMMITTEE

(2009) JELR 68435 (SC)

Supreme Court 29 Jul 2009 Ghana
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- The Supreme Court held that the Divestiture Implementation Committee (DIC) is not a proper party to be sued in civil proceedings involving divested state property; the Attorney-General is the correct defendant under Article 88(5) of the 1

Case Details

Suit Number:CIVIL APPEAL NO. J4/2/2009
Judges:ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS) J.S.C., ANSAH .J.S.C., DOTSE J.S.C., BAFFOE-BONNIE J.S.C.
Counsel:M. Y. ASARE BEDIAKO FOR THE PLAINTIFF/RESPONDENT/APPELLANT; ASAKKUA AGAMBILA FOR THE DEFENDANT/APPELLANT/RESPONDENT
Other Citations:(2009) JELR 92150 (SC)

JUDGMENT

BAFFOE-BONNIE, J.S.C.

The Appellant a limited liability company involved in the business of manufacturing shoulder pads rented a purpose-built cloak room from now defunct GIHOC Footwear Company Limited, hereinafter called the Landlord, in 1996. The Tenancy agreement was to last for a period of 4 years and it could also be determined by a month’s notice to a party.

On 7th August 1997 as a result of importation of heavy machines from Germany the Appellant sought permission for the use of vacant spaces on each side of the cloak room for the installation of the machines. This permission was granted by a letter dated 15th August 1997, titled ERECTION OF TEMPORARY STRUCTURE. The fee charged for this space was Six hundred thousand cedis (page 92 of the record)

Upon the expiry of the term of tenancy, a new agreement was entered into between the Landlord and the Appellant which was to commence on the 1st of August 2000 to 31st December 2004 at a monthly rent of Three Hundred thousand cedi…

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