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C.F.A.O. V. THOME

(1966) JELR 67929 (SC)

Supreme Court  •  31 Jan 1966  •  Ghana

Coram
AZU CRABBE JSC, APALOO JSC, BRUCE-LYLE JSC

Judgement

APALOO J.S.C.

The respondent (whom I shall hereinafter refer to as the plaintiff) is the owner of a building situate on plots 21 and 22, Antoa Road, Kumasi. That building comprises a store on the ground floor and flats on the first floor. The evidence shows that the building was erected in 1930. Early in 1949, the appellant company (hereinafter called the company) were desirous of letting the entire premises. It seems that the terms of the letting were orally agreed upon between the plaintiff and the company. These terms were subsequently embodied in a letter written by the company to the plaintiff and dated 1 April 1949 (exhibit A). It seems to have been the intention of the parties that these terms should be embodied in a formal lease to be subsequently executed between the parties. It appears no formal lease was in fact executed between the parties but nothing in this case has turned upon this.

Although this was a home-made agreement, it in fact contains most of the terms usually met…

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