Customer Support

VICTORIA ANNANG
V.
EMOHO TRADING GH. LTD & 5 ORS

(2019) JELR 109716 (SC)

Supreme Court 20 Nov 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- The case involved a 1968 head lease for 50 years (Exhibit C) from Ebenezer Quarshie Annang to Shahin Elias Shahin, with a subsequent Deed of Variation in 1970 providing for a potential 25-year renewal. - Shahin assigned his leasehold inte

Case Details

Suit Number:J4/13/2019
Judges:DOTSE, JSC (PRESIDING) BAFFOE-BONNIE, JSC MARFUL-SAU, JSC DORDZIE, JSC AMEGATCHER, JSC
Counsel:KWAME FOSU GYEABOUR FOR THE PLAINTIFF/RESPONDENT/APPELLANT. ERIC NARH FOR THE DEFENDANTS/APPELLANT/RESPONDENTS.

J U D G M E N T

THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY MARFUL-SAU JSC, AS FOLLOWS-:

This appeal invites this Court to determine a fundamental issue, which is the legal effect of non- compliance of section 29 of the Conveyancing Act, 1973, NRCD 152, dealing with re- entry and forfeiture of a lease upon breach of a covenant. The brief facts of the case are that, the father of the Plaintiff/ Respondent/Appellant, herein referred to simply as Plaintiff, the late Ebenezer Quarshie Annang, granted a fifty (50) years lease in 1968 to one Shahin Elias Shahin. This lease was registered as No. 939/ 1968, and was tendered at the trial as ‘’Exhibit C’’. In 1970, the 1968 lease was varied with a provision that the lease will be subject to renewal for another twenty-five (25) years. The Deed of Variation was registered as No.419/1970. Then around the same year Shahin Elias Shahin assigned his interest in the leased property to one Joseph Anim- Addo through a sub- lease. The Plaintiff’s case s…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.