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AMPRATWUM MANUFACTURING CO. LTD. V. DIVESTITURE IMPLEMENTATION COMMITTEE

(2009) JELR 68435 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/2/2009  •  29 Jul 2009  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS) J.S.C., ANSAH .J.S.C., DOTSE J.S.C., BAFFOE-BONNIE J.S.C.

Appearances
M. Y. ASARE BEDIAKO FOR THE PLAINTIFF/RESPONDENT/APPELLANT; ASAKKUA AGAMBILA FOR THE DEFENDANT/APPELLANT/RESPONDENT

Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>BAFFOE-BONNIE, J.S.C.</strong></p><p>The Appellant a limited liability company involved in the business of manufacturing shoulder pads rented a purpose-built cloak room from now defunct GIHOC Footwear Company Limited, hereinafter called the Landlord, in 1996. The Tenancy agreement was to last for a period of 4 years and it could also be determined by a month’s notice to a party.</p><p>On 7th August 1997 as a result of importation of heavy machines from Germany the Appellant sought permission for the use of vacant spaces on each side of the cloak room for the installation of the machines. This permission was granted by a letter dated 15th August 1997, titled ERECTION OF TEMPORARY STRUCTURE. The fee charged for this space was Six hundred thousand cedis (page 92 of the record)</p><p>Upon the expiry of the term of tenancy, a new agreement was entered into between the Landlord and the Appellant which was to commence on the 1st of August 2000 to 31st December 2004 at a monthly rent of Three Hundred thousand cedi…</p>

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