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FOFIE
V.
ZANYO

(1992) JELR 65288 (SC)

Supreme Court 23 Jun 1992 Ghana
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- Supreme Court allowed the appeal, set aside the Court of Appeal's decree of specific performance, and restored the High Court's dismissal of the plaintiff's claim. - Held: No valid and enforceable contract of sale existed between the part

Case Details

Judges:FRANCOIS JSC, WUAKU JSC, OSEI-HWERE JSC, AIKINS JSC, EDWARD WIREDU JSC
Counsel:NANA AKUFO-ADDO (WITH HIM EFUA DICKSON) FOR THE DEFENDANT- APPELLANT; E. D. KOM FOR THE PLAINTIFF-RESPONDENT.
Other Citations:[1992] 2 GLR 475


FRANCOIS J.S.C.

On 10 November 1975 the plaintiff entered into a tenancy agreement with the defendants in respect of house No 33/5, Onyaa Crescent, Nima, Accra. The defendants were the personal representatives of the deceased owner.

The plaintiff was let into immediate occupation of the Nima house which was a three-storeyed building with a completed ground floor ready for occupation and two other floors in various stages of completion. The first floor required very little, while the second which had only a structural shell in place, required considerable development.

The lease (exhibit 1) signed by the parties in 1975 was for a term of ten years at ¢600 rent a month. Three years rent-free occupation was a concession granted to the plaintiff, while three years rent advance, to take effect from 1978, was stipulated to be paid to the defendants. The plaintiff through his agent Peters, the first plaintiff witness, put tenants into the demised premises from whom he collected rents for the thr…

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