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AFRANIE V. QUARCOO AND ANOTHER

(1991) JELR 68099 (SC)

Supreme Court  •  23 Dec 1991  •  Ghana

Coram
FRANCOIS JSC, WUAKU JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, AIKINS J.S.C.

Judgement

FRANCOIS J.S.C.: Mr A. A. Mensah died on 22 July 1985. His will admitted to probate on 7 October 1985 amply testified to a lifetime of industry and the employment of considerable commercial acumen. For he accumulated a large empire whose extent he did not wish whittled down by sale or other alienation. There was a further insight to his commercial philosophy with the charge to his personal representatives to assist his widow and a son to manage his estate with competence, and not to suffer any diminution of his estate.

Among the deceased’s properties was house No. C415/4 which was rechristened by the appellant as “Hotel de France”, when he became a lessee of it. It is this 30-roomed hotel that was the bane of Mr. Mensah’s life. After letting it to the appellant for a term of five years, Mr. Mensah fought unavailingly to recover possession at the end of the five-year term. When he died, his personal representatives in obedience to their charge, stepped into his shoes to continue the fig…

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