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VICTORIA BOSOMPRAH
V.
TEMA DEVELOPMENT CORPORATION, ELIAS AGOBO AND EMMANUEL AGOBO

(2019) JELR 64162 (HC)

High Court 17 Jan 2019 Ghana
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- The court held that the plaintiff was a licensee and not a lessee or tenant of the first defendant, as the documentary evidence demonstrated only a licence, not a lease, and the statutory requirements for a lease under the Conveyancing Ac

Case Details

Suit Number:SUIT NO. E1 /14/2011
Judges:ALEXANDER OSEI TUTU J. SITTING AS A JUSTICE OF THE HIGH COURT
Counsel:ANKOMA MENSAH FOR THE PLAINTIFF ,OPOKU WARE BOATENG FOR THE FIRST DEFENDANT

JUDGMENT

The facts of this case are far from complex. In 1995, the late Theresa Bosomprah applied for a lease from the first Defendant to operate a block factory on the land under the name Thexy Block Works. The Plaintiff is the sister of the said Theresa Bosomprah, who bit the dust on 3rd May 2002. She took over the running of her sister’s block factory business in her capacity as the customary successor. The first Defendant is a statutory corporation in charge of the planning, management and development of lands in Tema and its environs, including the land located at Ashaiman being contested in this Court.

The Plaintiff used to pay yearly rent to the first Defendant until in 2007, when the first Defendant refused to collect the rent from the Plaintiff. On 17th August 2010, the Task Force of the first Defendant entered the Plaintiff’s land and demolished the structures on it, following complaints received from the second and third Defendants and a Judgment of the High Court, Tema. The …

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