MATILDA OFOSU
V.
SAMUEL OWUSU

(2002) JELR 63496 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 17/2001 ·  27 Jun 2002 ·  Ghana
CORAM
BROBBEY J.A. (PRESIDING), ARYEETEY J.A., ADINYIRA J.A.
Core Terms Beta
defendant
respondent
plot no.
plot no. 10b
area no.
record of appeal
trial judge
formal lease agreement
trial community tribunal
appellate high court
building permit
grounds of appeal
legal title
site plan
building plot
favour of the plaintiff
legal basis
recovery of possession
account of the positive finding
appeal
approval of the chief lands officer
conclusion of the trial community tribunal
declaratory judgment
defendant’s claim
dimensions of the plot
finding of the trial tribunal
following comments
following terms
following words
high court judge
lands secretarial
lands secretariat
necessary agreement
no. 10b
order of perpetual injunction
part of the leases of land
plot of land
plot of the respondent
provisional proposals
remainder of the plot
said plot no. 10b
senior lands officer
sunyani community tribunal
sunyani district statutory planning committee
sunyani high court
title of the applicant of the land
trial
trial court
years of the date of the lease

ARYEETEY, J.A.

A background to this appeal is as follows: In 1966 the defendant/respondent who lived in Sunyani applied to the Lands Secretariat in Kumasi for a plot of land to be allocated to him. He was successful. On 22nd March, 1966 the Senior Lands Officer, of Lands Secretarial responded positively as follows:

"SUNYANI — PLOT NO. 10 AREA NO. 6

I have the honour to inform you that I am prepared to recommend the grant of a Lease of the above mentioned plot to you on the following terms and subject to the approval of the Chief Lands officer:—

Rent - ¢33.78 per annum

Term - 99 years from the date right of entry is granted

User - Residential

Building Covenant — To commence developments within one year and complete within two years of the date of the Lease.

The Lease will include such other covenants on the part of the Leases of land of this nature. These provisional proposals are, of course subject to the necessary agreement being entered into between Government and yourself, and on tha…

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