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COFIE V. SHAHIN AND OTHERS

(1993) JELR 68205 (CA)

Court of Appeal  •  21 Jan 1993  •  Ghana

Coram
ESSIEM JA, ADJABENG JA, LUTTERODT JA

Judgement

ESSIEM JA.

This is an appeal from the judgment of Dove J, delivered on 23 January 1991. The facts are sufficiently set out in the judgment of the court below and I reproduce the same.

The plaintiff, by her amended writ of summons claims under the Conveyancing Decree 1973 (NRCD 175):

“(1) An order to set aside or in the alternative to modify the lease agreement registered as No 2354/73 dated 28 August 1972 and executed between the plaintiff and the 1st defendant on the ground of unconscionability.
(2) Alternatively the lease agreement dated 28 August 1972 between plaintiff and the 1st defendant was for ten years certain upon a true construction of the document.”

The plaintiff is the owner of the disputed land at Osu. She claims to have put up a building on it up to roofing level and had fenced it; she granted a lease of the land with the uncompleted building to the 1st defendant.

The 1st defendant completed the building commenced by the plaintiff and subsequently assigned his interest in it…

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