(delivered the first judgment at the invitation of Akoto-Bamfo JA.)
This is an appeal brought by the plaintiff-appellant (hereinafter referred to as the plaintiff) against the judgment of the High Court, Accra dated 15 April 2008.
In his writ of summons, the plaintiff claims against the defendant-respondent (hereinafter referred to as the defendant) as follows:
"(i) A declaration that upon its true and proper construction, the agreement dated 18 November 1993 made between the plaintiff as sublessor of the one part and the defendant as sublessee of the other part whereby the plaintiff granted to the defendant a portion of the land comprised in the headlease dated 11 May 1972, made between the Government of Ghana as lessor of the one part and the plaintiff as lessee of the other part constitutes a sublease and not an assignment by the plaintiff of its leasehold interest in the said portion of the land to the defendant.
(ii) Rectification of the said agreement by addition to the…