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PETER ADJEI
V.
LORIENT KAL

(2020) JELR 111094 (HC)

High Court 24 Nov 2020 Ghana
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- The court held that the plaintiff did not make any fraudulent misrepresentation as to the size of the land, nor was the Sub-Lease Agreement unconscionable; accordingly, the agreement was valid. - The defendant’s failure to pay the second

Case Details

Suit Number:LD/0755/2017
Judges:K. A. GYIMAH J.
Counsel:1. ISAAC OFOSU-BOATENG WITH DARKOA AKROFI AMANOR AND RUTH-ANNE MILLS-TETTEH FOR THE PLAINTIFF. 2. SEAN POKU WITH NANA BOAKYE MENSAH-BONSU FOR THE DEFENDANT.

J U D G M E N T 

Introduction 

The genesis of this suit is a Sub-Lease Agreement that was executed between the  parties to this suit in 2015. It appeared that the parties were having a smooth  transaction until issues came up with respect to the payment of the second tranche of  the consideration by the defendant. The issues with the payment of the said  consideration eventually led to the institution of this present action. 

Plaintiff’s case 

It is the plaintiff’s case that the parties entered into a Sub-Lease Agreement under  which the plaintiff subleased to the defendant its three (3) bedroom single-storey  house situate at East Legon, Accra (valued at US$426,242.00 as at January 2015) for  a term of twenty five (25) years renewable for a further term of ten (10) years. The  consideration for the first ten (10) years of the term was Sixty Six Thousand United  States Dollars (US$66,000.00) or its cedi equivalent per annum bringing the total for  the first ten years to Six Hundred and…

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