J U D G M E N T
There are two main issues for determination in this case namely;
1. Whether or not the deconfiscation of the building, the subject matter of this suit by the State to the estate of the late Dr. Emmanuel Ayeh Kumi was lawful and,
2. Whether or not the plaintiffs are bound by the lease agreement between the defendant and the Ghana Tourist Development Board.
For the purpose of this judgement, the facts giving rise to this action are not complicated. Pursuant to the Forfeiture of Assets and Disqualification (Ayeh-Kumi and WMQ Halm) Decree 1979, AFRLD 54 properties belonging to Dr. Emmanuel Ayeh-Kumi including the Caprice Hotel and Casino were confiscated to the State in 1979. Subsequent to the acquisition, the Government of Ghana (GoG) under the AFRC directed that the Ghana Tourist Development Company (here after GTDC) take over the operations of the Caprice Hotel and Casino and the buildings in dispute.
The GOG however, in a letter dated 15th December, 2008 purs…