AMELIA AWO DZIDZIENYO V. HILDA ESI TSAKU

JUDGMENT

ANSAH, J.S.C

This an appeal against the judgment of the Court of Appeal dated 12/11/04 affirming the judgment of the High Court, Sekondi, given on 31/1/02. The facts that culminated in the present appeal are devoid of any complexities. They are that the late deceased E. A Dzidzienyo had a lease in respect plots numbered 123 and 125, Prince of Wales Street, Takoradi, from the then Government of the Gold Coast. The lease incurred forfeiture but was re-offered to the lessee who could not accept it due to his ill health to which he later succumbed. Janet Elsie Dzidzienyo, the mother of the defendant and sister of the plaintiff, took out Letters of Administration to administer the properties of the deceased. She then accepted the lease offered to the late EA Dzidzienyo, i.e. of the two plots and the rear portions thereof and subsequently granted an under-lease thereof to one Edward Ramia, whereupon the plaintiff took action against them in a suit intituled: Emelia Dzidzienyo v. Jane…