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FOFIE
V.
ZANYO

(1992) JELR 65288 (SC)    
Supreme Court  ·  23 Jun 1992 ·  Ghana
 · 
Other Citations
[1992] 2 GLR 475
CORAM
FRANCOIS JSC, WUAKU JSC, OSEI-HWERE JSC, AIKINS JSC, EDWARD WIREDU JSC

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
exhibit
exhibit b
specific performance
court of appeal
joseph achina
trial judge
tenancy agreement
appellate court
g. s. peters
said house
trial court
court of equity
cross-examination
high court
conclusion of the contract
first floor
first plaintiff witness
mr g. s. peters
possession of the premises
said offer
selling price
appellate court’s criticism
bank of west africa ltd. v
completed ground floor
duty of the defendants
enforceable contract
equitable relief of specific performance
following passage
immediate occupation of the nima house
inspection of documents of title
law of contract
making of the said tenancy agreement
material part of exhibit b
mode of payment
mortgage payments
plaintiff fails
proper parol evidence of the contract
q one nyarko
respect of house
said documents
significance of this three-year grace period
statute of frauds
three-storeyed building
three-year period
token of acceptance
trial judge’s performance
validity of the judgment of the court
years rent-free occupation


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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