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GOOD SHEPHERED MISSION v SYKES AND OTHERS

(1997) JELR 85776 (CA)

Court of Appeal 4 Dec 1997 Ghana
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- The respondents leased a residential property to the appellants (Good Shephered Mission) under an agreement containing an arbitration clause; shortly after, the respondents alleged that the appellants had procured the lease by fraud—misre

Case Details

Judges:WOOD J.A, BROBBEY J.A, BADDOO J.A.
Counsel:Clottey Sefa for the appellant-tenant. Odai Sykes for the respondent-landlord
Other Citations:[1997-98] 1 GLR 978 - 997

JUDGEMENT OF WOOD J.A.

On 10 November 1997 we dismissed the appeal. These are my reasons for doing so:

The respondents, who are the owners of a two bed-roomed house at South East Christiansborg, leased the premises to the appellants, the Good Shephered Mission in or about September 1989. An essential term of the lease agreement was that the appellants were to carry out certain developments on the premises within a year of the agreement and to remain in occupation of the said premises for a period of 21 years. However, barely six months after the said agreement had been entered into, the respondents, contending that a fraud had been perpetrated on them by the appellants, acting through their representative, Brother Appiah ­Kubi, abrogated the agreement. According to the respondents, the parties, however, agreed that in order to liquidate an amount of ¢300,000 which the appellants had paid as rent advance, they should remain in occupation for a further period of eight years. When at the e…

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