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JOSEPH JOHN RADDY & 3 ORS
V.
NANA TUTU AMPEM II

(2024) JELR 112271 (SC)

Supreme Court 22 May 2024 Ghana
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- The case involves a dispute over a lease agreement for a plot of land that was granted in 1927. - The defendants constructed storerooms and dwelling rooms on the plot and amortized the construction costs through monthly rent. - By 1955, t

Case Details

Suit Number:CIVIL APPEAL NO. J4/67/2023
Judges:PWAMANG JSC AMADU JSC KULENDI JSC GAEWU JSC ADJEI-FRIMPONG JSC
Counsel:MUJEEB RAHMAN AHMED ESQ. FOR THE 3RD & 4TH DEFENDANTS/APPELLANTS/APPELLANTS. K. A. ASANTE-KROBEA ESQ. FOR THE PLAINTIFF/RESPONDENT/RESPONDENT WITH HIM, KENNEDY KWARTENG.

J U D G M E N T

ADJEI-FRIMPONG JSC:

My Lords, the events surrounding the subject matter of this appeal, which is Plot No. 106 Old Town Section B, Adum Kumasi, date back to 1927. It all started when on October 19 of that year, the then Government of Ashanti acting through the Chief Commissioner of Ashanti granted a 50-year lease of the Plot to one Nana Kwaku Nsebetuo, the chief of Akyiawkrom (confused with Akyinakrom, Akyaakrom).

Sequel to the grant, Nana Nsebetuo went into some agreement with a certain Naja David and the 1st Defendant herein to develop the plot. As part of the material terms of the agreement, the developers would construct on the same plot, four storerooms which they would occupy as tenants, and four dwelling rooms with one kitchen and toilet to be occupied by Nana Nsebetuo. The cost of the construction together with a loan facility of 300 pounds which they advanced to Nana Nsebetuo was to be amortized through the monthly rent of 14 pounds or 168 pounds yearly, payable b…

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