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NDOLEY
V.
IDDRISU

(1978) JELR 69244 (CA)

Court of Appeal 7 Dec 1978 Ghana
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- The appellant, a clerk employed in the Circuit Court at Tamale, owned a leasehold premises that was advertised to be sold by public auction to repay a debt. - The appellant sought financial assistance from the respondent to save the prope

Case Details

Judges:APALOO C.J.,ANNAN J.A,BOISON J.
Counsel:ANNAN FOR THE APPELLANT; BAWUMIA FOR THE RESPONDENT.
Other Citations:[1979] GLR 559

APALOO C.J.: The appellant is a clerk employed in the Circuit Court at Tamale. He owns a leasehold premises there. It is house No. CHE. 41. The lessor is the Government of Ghana and the ninety-nine year lease contained the usual covenants including covenant not to assign “without the previous consent in writing of the government.”

Some time in 1972 or thereabouts, the appellant fell into debt and the premises in question was advertised to be sold by public auction to meet repayment of the debt. He appeared to be pressed for money and sought the respondent’s financial assistance to enable him save the property.

That assistance was not forthcoming.

The evidence suggests that rather than having his house publicly auctioned, the appellant preferred to dispose of it himself. He accordingly returned to the respondent and offered it to him for sale. The latter was willing to buy and an agreement was reached between them. This was reduced into writing and signed by the appellant. In view of the…

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