TAGOE
V.
MOBIL OIL (GH) LTD

(2004) JELR 63504 (CA)    
Court of Appeal  ·  20 Feb 2004 ·  Ghana
 · 
Other Citations
[2003-2005] 1 GLR 459
CORAM
ARYEETEY JA, TWENEBOA-KODUA JA, QUAYE JA
Core Terms Beta
lease agreement
petrol filling station
circuit court
high court
months’ notice
time of the grant
leasehold agreement
vacant possession of the land
above facts
above quoted section of act
above situation
appropriate department
building plans
civil suit
country planning
definite conclusive agreement
department of town
disputed land
disputed premises
expiry of the lease
fact spans
failure of the negotiations
favour of the defendant-respondent
first judgment
general public
good conscience
ground floor
grounds of appeal
half of its service building
head of the j t ammah family
important fact
initial error of introducing
lease of the disputed land
lease of the land
new terms
operative words
petrol filling station of the respondent
plaintiff-appellant
provisions of section
rent act
reserve powers
respondent’s pleaded case
said father of the appellant
statutory requirement
subject matter of the case
tenancy agreement
termination of the lease
trial circuit court
wrong legislation

JUDGEMENT

Quaye JA delivered the first judgment at the invitation of Aryeetey JA. The facts in this appeal per se, are not in controversy. The plaintiff-appellant (hereinafter referred to as the appellant) is one of a total number of fifteen children who survived their father Jonathan Teiko Ammah (deceased). The said father of the appellant and his siblings, in 1959 executed a lease of the disputed land herein in favour of the defendant-respondent (hereinafter referred to as the respondent) for a term of twenty years certain with an option for renewal for not more than two terms of five years each. The parties, upon the expiry of the initial twenty years exercised and exhausted the provisions for renewal. Accordingly, the leasehold agreement finally expired on 10 November 1989, after it had remained extant for a total of thirty years. At the expiration of the term, the appellant, speaking for himself, as head of the J T Ammah family and on behalf of the said family demanded vacant poss…

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