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UNITED AFRICA CO., LTD.
V.
MBRA
V.
AND ANOTHER

(1960) JELR 69003 (CA)

Court of Appeal 30 May 1960 Ghana
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- This case involves an appeal brought by the United Africa Company Ltd., the lessee of stool land within the Cape Coast Municipal area. - The appeal seeks to determine certain questions relating to the interpretation of section 72 subsecti

Case Details

Judges:KORSAH C.J.,VAN LARE J.A. ,GRANVILLE SHARP J.A.
Counsel:DA ROCHA FOR MUNICIPAL COUNCIL (2ND DEFENDANT-APPELLANT); DE GRAFT JOHNSON FOR THE 1ST DEFENDANT-RESPONDENT.
Other Citations:[1960] GLR 136 - 138, [1960] GLR 136

KORSAH C.J.: This is an appeal from a matter brought to the court by the United Africa Company Ltd., the lessee of stool land within the Cape Coast Municipal area, by an originating summons for the determination of certain questions relating to the interpretation of section 72 subsections (1) and (5) of the Municipal Councils Ordinance No. 9 of 1953. The questions are:

“(a) whether the revenues from stool land within the municipal area shall be collected by the council concerned (as directed by section 72 (1) of the Ordinance) from the lessor or from the lessee of such lands.

(b) If from the lessee, as from what date is the council to collect such rent payable under a lease made prior to the establishment of the council.

(c) To whom are rents payable under the Lease of Oman Lands (a copy whereof is annexed hereto) registered as No. 667/1957 and dated 22nd March, 1954 and made between the 1st defendant of the one part and the plaintiff of the other part:

(i) in respect of the period prior …

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