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MARY YARBOLEY OKAI & ORS v NICHOLAS TIMOTHY CLERK (SUBSTITUTED BY PAULINA CLERK) & ANOR

(2007) JELR 92098 (SC)

Supreme Court 23 Mar 2007 Ghana
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- Supreme Court affirmed forfeiture of the lease for breach of covenant to pay rent and non-compliance with prior court orders; the lessee (and his successors) remained liable for rent and could not rely on an invalid auction sale as a defe

Case Details

Suit Number:CIVIL APPEAL NO.J4/`5/2007
Judges:MISS AKUFFO, J.S.C.(PRESIDING BROBBEY, J.S.C. ANSAH, J.S.C. MRS. ADINYIRA, J.S.C. ASIAMAH, J.S.C.
Counsel:MR. ADUMUAH-BOSSMAN FOR APPELLANTS MR. FRANK ADEEKU FOR RESPONDENTS

JUDGMENT

BROBBEY, J.S.C.

This is an appeal from the judgment of the Court of Appeal which had dismissed an earlier appeal from the High Court by the appellants before this court.

The facts giving rise to the litigation are as follows: The case concerns a house which was originally owned by one Mark George Okai. He died intestate on 17th September 1939, leaving behind male and female children. On his death, letters of administration were granted to William George Okai, his eldest son, and Samuel Adotei Brown, his nephew. Both died later. On 14th August 1945, two daughters of Mark G Okai entered into a lease agreement with Nicholas Timothy Clerk in respect of that house. The house was leased to the latter for sixty years at a yearly rental of sixty pounds commencing from 1st August 1945. The lessee paid seven hundred and fifty pounds on execution of the lease and another seven hundred and fifty pounds, the latter being one-half of the children’s share. The children’s share was later retur…

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