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ROSINA ARYEE
V.
SHELL GHANA LIMITED FRAGA OIL

(2013) JELR 65340 (CA)

Court of Appeal 21 Nov 2013 Ghana
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- This is an appeal from a decision in favor of the defendants against the plaintiff in a case involving a lease agreement for two properties in Accra. - The plaintiff claims forfeiture of the lease, ejectment and recovery of possession, an

Case Details

Suit Number:CIVIL APPEAL NO. H1/119/2012
Judges:KUSI-APPIAH J.A. (PRESIDING), APALOO J.A., DZAMEFE J.A.
Counsel:MR. THOMAS HUGHES FOR PLAINTIFF/APPELLANT,MR. RICHARD AMOFA FOR DEFENDANT/RESPONDENT,MR. CHARLES HAYIBOR FOR CO-DEFENDANT/RESPONDENT

JUDGMENT

KUSI-APPIAH, J.A.

This is an appeal from the decision of the High Court (Fast Track Division) Accra, dated 28th of July, 2011 in favour of the defendants, now Respondents against the plaintiff, now Appellant. A brief summary of the events culminating in this appeal will certainly help us appreciate matters.

By a writ of summons and statement of claim filed on 23rd of October 2008, the plaintiff claims against the 1st defendant inter alia:

“1 Forfeiture of the 15-year lease of the plaintiff’s two (2) properties situate at Adenta-Accra by reason of denial of plaintiff’s title.
2 Ejectment and recovery of possession for non-payment of rent.
3 General damages for breach of contract.”

The salient facts arising on the pleadings are not complicated. The plaintiff’s claim as per the accompanying statement of claim is that the plaintiff leased her two (2) properties situate at Adenta, Accra to the 1st defendant for a term of 15 years from 6th August, 1998. The rent eligible was paid for the…

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